IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

ST. CLAIR COUNTY, ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS, )Plaintiff, )

) v. ) Non Traffic Complaint No. 1234567

)John Doe )

Accused. )

MOTION TO QUASH ARREST

Now comes defendant, John Doe and moves this Honorable Court to quash a April 24, 2010 arrest on the grounds that the State is without jurisdiction for lack of probable cause to effect said arrest absent a verified complaint sworn to under pain of perjury with complainant and witnesses being examined under oath by a court, and that in order to protect his rights as guaranteed by the Constitution(s) of the United States of America and the State of Illinois, as well as conforming with requirements of law and justice, and in support thereof states:

The Accused was arrested on, and received an Illinois Citation and Complaint ( Ticket No. 1234567), from the Whatever Police Department on June 24, 2006, pursuant to a report dated 4-24-10 titled “OFFICER NARRATIVE, REPORT: 10-03079” signed by Patrolman Somebody of the Whatever Police Department detailing allegations from two people claiming to have been victims and/or witnesses to alleged criminal acts committed by the Accused. A copy of said report is attached to this Motion.

The Accused was insufficiently charged with the offense of aggravated battery in violation of 720 ILCS 5/12-2(a)(1).

The actions alleged to have been committed by the Accused upon which the State brings the defective charge were not performed in the presence of a peace officer or other person making an arrest, which would thereby support a warrantless arrest based upon probable cause. People v. Harding, 1966, 34 Ill.2d 475, 216 N.E.2d 147.

In all cases, be they with or without a warrant, there must be a sworn complaint or indictment before any prosecution of the Accused can be deemed as lawful. People v. Harding, 1966, 34 Ill.2d 475, 216 N.E.2d 147.

The actions alleged to have been committed by the Accused were provided to police by way of oral statements made by complainant and witnesses, but of which were not sworn to under oath or affirmation, or otherwise, “verified”.

The requirement of a “verified complaint” as a prerequisite for the issuance of an arrest warrant is set forth in both the Constitution of the Unites States of America and the Constitution for the State of Illinois.“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Constitution of the United States of America Amendment IV (Emphasis added)“The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by

eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized.” Constitution for the State of Illinois Article II Section 6 (Emphasis added)

There has been no written statement presented to a court which lawfully charges the Accused with the commission of an offense. 725 ILCS 5/102-8 "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment. 

Illinois law provides for the methods by which a prosecution may be commenced.725 ILCS 5/111-1 When authorized by law a prosecution may be commenced by: (a) A complaint; (b) An information; (c) An indictment.

The form of charge against the Accused does not meet the lawful requirements for an indictment, as there has been no written statement presented by a Grand Jury to a court which charges the commission of an offense.725 ILCS 5/102-11  "Indictment" means a written statement, presented by the Grand Jury to a court, which charges the commission of an offense.”

The form of charge against the Accused does not meet the lawful requirements for an information, as there is no verified written statement signed by a State’s Attorney and presented to a court which charges the commission of an offense.725 ILCS 5/102-12 "Information" means a verified written statement signed by a State's Attorney, and presented to a court, which charges the commission of an offense.

The form of charge against the Accused does not meet the lawful requirements of a complaint, as there is not a verified written statement presented to a court, which charges the commission of an offense.725 ILCS 5/102-9 "Complaint" means a verified written statement other than an information or an indictment, presented to a court, which charges the commission of an offense.

“Verification”, has been held by Courts of this State to mean a written statement made under oath or affirmation before any officer empowered to administer oaths and which, for any willfully false or misleading statement made thereof, subjects the affiant to pains and penalty of perjury. Village of Willowbrook v. Miller, App.1966, 72 Ill.App.2d 30, 217 N.E.2d 809, People v. Siex, App.1942, 39 N.E.2d 84, 312 Ill.App. 657.

The power to administer oaths derives from the Legislature and codified at 5 ILCS 5/255 et. seq. (Oaths and Affirmations Act)

There is nothing on the record which satisfies the lawful requirements for a “charge”, be it an “indictment”, “information”, or “complaint”, that being, a written statement, which is verified” and presented to a court, except in the case of an indictment which must be signed by the foreman of a Grand Jury. Absent conformance with the lawful requirements herein enumerated, there can be no lawful charge against the Accused for the commission of an offense. If the State purports that there is a lawful Complaint on the record, to which the Accused refutes and objects, the Accused would then assert that such a Complaint is insufficient and defective, and not a instrument to which he will waive any defects thereof by pleading thereto, offering testimony, or otherwise proceeding to trial without objection. People v. Smith, App.1967, 90 Ill.App.2d 388, 234 N.E.2d 161. Accused does not waive the filing of a complaint, which is defective, and want of verification. Supra. Upon the timely and appropriate pre-trial motion or objection to the lack of statutory sufficiency in producing a verified complaint for the purposes of issuing a warrant for arrest, the State has no discretion and may only proceed upon the filing of a verified complaint. Village of Willowbrook v. Miller, App.1966, 72 Ill.App.2d 30, 217 N.E.2d 809. For there to be an arrest warrant there must first be a sworn complaint, information, or indictment. People v. Harding, 1966, 34 Ill.2d 475, 216 N.E.2d 147.

The defective and insufficient complaint by which the State seeks to prosecute the Accused also fails to support statutory requirements for the issuance of an arrest warrant found at 725 ILCS 5/107-9 et seq. The Complaint was not presented to a court charging an offense had been committed where the complainant or witnesses were examined under oath or affirmation in violation of 725 ILCS 5/107-9(a). The defective and insufficient complaint has not been subscribed and sworn to by the complainant in violation of 725 ILCS 5/107-9(b)(4). Absent a lawful Complaint there is, as well, no warrant of arrest against the Accused.

The Accused will take into consideration the evidence or facts relied upon by the State in attempting to charge him with an offense. Only is there on the record a report dated 4-24-10 titled “OFFICER NARRATIVE, REPORT: 10-03079” signed by Patrolman Anthony Somebody of the Whatever Police Department. If this Report is presumed to serve as a written statement in compliance with the definition of a “Complaint”, it is lacking sufficiency as it is neither sworn to (or verified), nor presented to a court.

Not only must a criminal complaint be in writing to meet statutory requirements, it must also be subscribed and sworn to by the complainant. People v. Harding, 1966, 34 Ill.2d 475, 216 N.E.2d 147. The insufficient and defective complaint which seeks to charge the Accused with a criminal offense has not been subscribed nor sworn to by the complainant.

WHEREFORE, the Defendant respectfully requests this Honorable Court to quash the arrest of the Accused for charges alleged by way of the above-captioned Non Traffic Complaint for reasons stated herein based on sound legal reasoning, statutory authority, and protections afforded by State and Federal Constitutions.

Respectfully submitted,

_______________________________________John Doe, in Propria Persona123 Main StreetAnytown, Illinois 12345

CERTIFICATE OF SERVICE

I hereby certify that on Tuesday, June 8, 2010, a true and correct copy of the

foregoing document or pleading entitled MOTION TO QUASH ARREST was mailed via U.S.

Post, First Class, by leaving same with counter personnel at the U.S. Postal Office in Anytown,

Illinois and addressed to the:

Circuit Court of the Twentieth Judicial District, St. Clair County, Illinois

#10 Public Square

Belleville, Illinois 62220

John Doe

Anytown, Illinois USA