People v. Smith

The State appeals from the trial court’s order suppressing testimony and dismissing the case against defendant, Willie Smith. Smith was charged with driving an overweight vehicle. (Ill. Rev. Stat. 1985, ch. 95%, par. 15 — Ill.) The State contends on appeal that the trial court improperly suppressed certain testimony and erred in dismissing the charge against the defendant.

The relevant facts are as follows. On June 17, 1985, Trooper David C. Bird of the Illinois State Police observed the defendant driving a five-axle dump truck eastbound on Illinois 5, a public highway. Bird noticed that the…