The PEOPLE v. Gwin

Arnold Wayne Gwin, the defendant, was found guilty on two counts of burglary and one count of illegal possession of marijuana after a bench trial in the circuit court of Cook County. Sentences of not less than two years and no more than two years and a day, which were ordered to run concurrently, were imposed. He has appealed claiming a violation of constitutional rights through the trial court’s denial of his motion to suppress evidence.

When entering his apartment in Evanston early in the afternoon of April 10, 1967, William Neher observed a burglar inside the apartment. He immediately…