The People v. Tate

James Tate was convicted of gambling and placed on three years probation following a bench trial in the circuit court of Cook County. In this direct appeal he urges that he was subjected to an unreasonable search and seizure violating both State and Federal constitutional requirements.

About 8:30 P.M. on September 20, 1965, defendant was stopped in Chicago by police officers Bernard Stahl and Norbert Listowski for making an improper right turn. Officer Stahl asked defendant for his driver’s license, which he produced. While this was occurring the officer noticed a paper envelope with a…