People v. Armstrong

This case is concerned with the effect of orders denying or sustaining motions to suppress evidence upon the ground that it was illegally obtained. Section 114 — 12(b) of the Code of Criminal Procedure provides that if a motion to suppress is granted, “the property shall be restored *** and it shall not be admissible in evidence against the movant at any trial; ***.” (Ill. Rev. Stat. 1969, ch. 38, par. 114—12(b).) Because he considered himself bound by this statute to do so, the Honorable Robert J. Downing granted the defendant’s motion to suppress in the present case. The State appealed,…