People v. Walley

The State appeals from an order of the circuit court of De Kalb County granting a motion of the defendant, Steven Walley, to quash a subpoena duces tecum and bar the use of any evidence obtained pursuant to that subpoena. On appeal, the State contends that barring the use of the evidence was an excessive and inappropriate sanction.

On August 1, 1988, defendant was arrested and subsequently charged by complaint with two counts of driving while under the influence of alcohol (Ill. Rev. Stat. 1989, ch. 951/2, pars. 11 — 501(aXl), (aX2)). On May 12, 1989, the State had a subpoena duces tecum…