People v. Caserta

The State has filed a certificate of impairment and appeals pursuant to Supreme Court Rule 604(a) (87 Ill. 2d R. 604(a)) from an interlocutory order which granted defendant’s motion to suppress evidence, i.e., a revolver found in an automobile driven by defendant, Kenneth Casería.

The issue raised on appeal is whether the trial court erred in suppressing this evidence where the evidence was in plain view and the police officer’s conduct was not unreasonable.

Defendant was arrested on July 10, 1982, and charged with unlawful use of weapons (Ill. Rev. Stat. 1981, ch. 38, par. 24 — 1(a)(4)). He…