People v. Harvey

After a motion to suppress evidence allegedly illegally seized was denied, defendant Reese Harvey was found guilty in a bench trial of unlawful use of a weapon in violation of section 24 — 1(a) (10) of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, par. 24 — 1(a) (10)). He was sentenced to two years’ probation and 21 days’ periodic imprisonment. On appeal, defendant contends that the conduct of the arresting officers constituted an unreasonable search and seizure, and therefore his conviction must be set aside.

At approximately 3:30 a.m., on March 30,1973, Chicago police officers…