Supreme Court of Illinois

In an action for unlawful possession of a controlled substance with intent to deliver, conviction is reversed and appellate court's holding that the Joliet drug-loitering ordinance is invalid is vacated where: 1) it was improper to address a constitutional question when the case could be decided on other grounds; and 2) there was no probable cause for the warrantless arrest.

Appellate Information

• Decided 04/07/2005
• Published 04/07/2005

Judges

• Justice FREEMAN delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield, Jeff Tomczak, State's Attorney, Joliet (Gary Feinerman, Solicitor General, Linda D. Woloshin, Ira Kohlman, Assistant Attorneys General, Chicago, Norbert J. Goetten, Lawrence M. Bauer, Judith Z. Kelly, Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.


• For Appellees:
  
• Robert Agostinelli, Deputy Defender, Mark D. Fisher, Assistant Defender, Office of the State Appellate Defender, Ottawa, for appellee.