The PEOPLE v. Cowan

Defendant was found guilty and fined, after a bench trial, for operating an overweight truck and not having proper vehicle license plates in violation of Ill. Rev. Stat. 1969, ch. 95%, pars. 228, 3 — 832. Defendant appeals and contends that the trial court erred in denying his motion to suppress evidence.

At the hearing of the motion, Fred L. De Paola, the arresting officer, did not testify to any fact which would have constituted probable cause to believe that defendant’s truck was overweight, or that any other offense was being committed. At the trial on the merits however, Officer De Paola…