People v. Brink

Following a jury trial in the circuit court of Adams County, defendant John Brink was convicted of theft in excess of $300 in violation of section 16 — 1(d)(1) of the Criminal Code of 1961 (Code) (Ill. Rev. Stat. 1987, ch. 38, par. 16 — l(d)(1)) and sentenced to five years’ imprisonment. Defendant appeals, contending the trial court erred in denying his pretrial motion to suppress evidence. We are asked to decide whether the evidence on which defendant’s conviction was based was improperly seized under the plain-view exception to the warrant requirement.

The facts are generally undisputed. On…