PEOPLE v. WILLIS

No. 1-01-4170.

801 N.E.2d 47 (2003)

344 Ill. App.3d 868

279 Ill.Dec. 755

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Roy M. WILLIS, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

November 18, 2003.


Attorney(s) appearing for the Case

James K. Leven, Panel Attorney for State Appellate Defender, Law Offices of James K. Leven, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Mary P. Needham and Deborah Lang-Lawler, of counsel), for Appellee.


Justice WOLFSON delivered the opinion of the court:

Seventy-three hours after he was arrested, Roy Willis confessed to setting a fire that caused a death. We find his arrest was based on probable cause, but that his detention had become unlawful by the time of the confession. We address a question never clearly answered in this State: What is the proper remedy for a violation of the Fourth Amendment right to a prompt probable cause determination by a judge?

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