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Portland avenue, Chicago Heigbicycle.Second prize, a camera, g(HomewoodAppeals Photo1750CrcjtoHillCourt Ruling! Si ! eacltheiThe village of Homewood has appealed a Circuit court magistrate's ruling that it must re-gift.3001Hei|Wiltturn fingerprint and photographic records of a former de-defendant in four traffic cases 0NenwooThe village, through its attor-Hei310incy, Richard W Austin, has j j m(filed the appeal in Appellate | tjcourt to a decision issued byMagistrate Ralph Young order-ing the Homewood police de-partmen tto return fingerprints wa5me;and photographs to the defen-dant, William E, Dauber of East [,r Hazel Crest. haverYoung said that keeping the identification is an invasion of Dauber’s libertv. ^at♦ * *DAUBER was arrested Feb- fl* bruary 4 and charged with failure to signal a turn and failureto have a driver’s license whileSr.itoperating a motor vehicle. He w,r was arrested again by Home- W01 wood police three days later Pri! and charged with failure to It*s have a driver’s license and bikdriving a car with fictitious license plates.a l(Dauber was acquitted of all the charges except the fictitious ed1license plates allegation, on opeIonJarwhich he was found guilty.Donald Ross, Dauber’s attorney, then moved for return of Suethe fingerprints and photo- cgraphs taken by police on Feb-1 js t ruary 4 or 7. Young agreed this should be done, but when Melvin K. Meyer, Homewood police chief, refused, he wasalwancHecited for contempt of court.The magistrate vacated the 5antcontempt ruling on April 22, when he heard arguments from , Austin and Ross on the motion or to return the identification items to Dauber. Young then ruled on J May 27 that they should be re- pri turned, but the village instead jeefiled the appealACCORDING to Homewoodpolice. Dabuer has a lengthy doc record of arrests on a wide I g range of charges, but Ross as- Da serted at the April 22 hearing wjt that Dauber has been convicted anlt;only of one misdemeanor. qYoung, in his written deci- i sion. said in part:‘ The court is unable to find.WIIve’beenlikattention, any statutory provi-sion in the State of Illinois au-thorizing or directing the taking mcnAlina rlan-jHmontc nf finoor. SClt;am ■p1.- -----------prints or photographs of per-sons charged with traffic viola- j theUons ”knHe referred to one section of the Illinois revised statutes in |which it is mandatory that police shall give such data to the lov state department of public safe- I ty on persons convicted of or pn charged with certain violations, bjibut not including violations of g0 the Uniform Act Regulating wjTraffic, the Illinois Driver s Li-cense act or village ordinances nefe• THE CASES cited by the village in support of its contention that the motion of the defendant should be denied address themselves in each case to the violation of a statute or ordinance other than those regulating the operation of a motor vehicle or the licensing of drivers and the registration of motor vehicles,” Young said ' The court’s attention has notbeen directed to, nor has the court found any decided case in this state which directs its attention to the fingerprinting or photographing for identification purposes persons charged withviolation of these statutes orordinances“The village argues that thiscourt is without jurisdiction to entertain the motion of thefendant It is the opinion of this court that it has jurisdiction of the subject matter and the parties hereto, the village of Homewood and its chief of police being represented in open court and that it is the duty of this court to determine all mattersrelative and germame to the matters before it for decision,if for no other purpose than tlt;avoid a multiplicity of legal aetions. %■-'• • # $•THE CONSOLIDATION ofdie various courts into one Circuit court had as one of itsprime purposes the elimination of the question of jurisdiction of the subject matter in legal actions,“In the event the American (US) citizen is to be subjected j 81 to the invasion of his liberty by Bi (Continued on page 2) In
Newspaper Details
Homewood Flossmoor Star
Homewood, Illinois, US
Sun, Jun 19, 1966
Page 1
Full Page
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IN, USA 15 Sep 2020
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