A review of Thursday's Illinois Supreme Court opinions in the criminal cases In re Q.P., People v. Fiveash and People v. Goossens.
By Kerry J. Bryson, Office of the State Appellate Defender
An officer responded to a call of a vehicle burglary in progress. Upon arriving, he located the minor, Q.P., who matched the description of the burglar. The officer handcuffed the minor and put him in the back of the squad car. The minor gave a false name and date of birth. Upon discovery that the information was false, the minor admitted to the officer that he was attempting to prevent the police from discovering that he had an outstanding warrant.
The minor was charged with, and convicted of, obstructing justice based upon giving false information to the police with the intent to prevent his apprehension. The Supreme Court was called upon to determine the meaning of “apprehension.” The minor argued that he was already apprehended because he was in police custody at the time he provided the false information. The State argued that apprehension is specific to each criminal charge and thus, while the minor had been apprehended for the suspected vehicle burglary, he had not yet been apprehended on the outstanding warrant.