People v. Russ

Markewich, J. (concurring).

While we accept the statement of the facts as set forth by our dissenting brother, we do not agree with his conclusion that the motion to suppress should have been granted. The facts, contrary to the dissent’s position, do not add up to a case of a police officer acting solely in *594reliance upon an anonymous radio description of a man, not the defendant, who was never seen by the officer, and who is not before the court. Not at all. In evaluating the circumstances by holding them up for inspection in order to make findings to lead us to the applicable law, one cannot…