IN THE CIRCUIT COURT OF

THE TWENTIETH JUDICIAL CIRCUIT

ST. CLAIR COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff,
v.
Philana M. Smoot
Accused.

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Non Traffic Complaint No(s). 1117400

1119030

MOTION TO DISMISS CHARGES

Now comes defendant, Philana M. Smoot and moves this Honorable Court to quash a May
10, 2011, arrest on the grounds that the arrest of the Accused was based on false and deceptive
information and was initiated without probable cause, as well as the State of Illinois failing to file
proper charges within the time proscribed by law; and, in order to protect her rights as guaranteed
by the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution and the Illinois
Constitution, and in support thereof states:

The Accused was arrested on and received a Non-Traffic Complaint (Ticket No(s). 1117400 and
1119090) from the Fairview Heights Police Department on May 10, 2011, pursuant to allegations made
by an employee of the French Village Motel, one Anita Coleman, as detailed in a report dated 05/10/2011
for Case Number: 11-04927, signed by Patrolman Montgomery of the Fairview Heights Police
Department. A copy of said report is attached to this Motion.

That aforementioned report signed by Patrolman Montgomery contains a statement where Anita
Coleman, an employee and not the owner of the French Village Motel alleges verbal complaints from
other customers about the suspect harassing them; the suspect going door to door at the motel
harassing other customers; and being loud and obnoxious as she walks around outside the motel, but
said report fails to mention any statements from alleged customers being harassed by the Accused, and
bases any support for the arrest upon the word of Ms. Coleman.

This case lacks probable cause in light of the minimal police investigation. In this case, the police
responded to an unsubstantiated claim without direct observation of the violation of an offense, and did
thereby effect a warrantless arrest of the Accused.

That as a result of the arrest, the Accused was charged with Criminal Trespass to Real Property in
violation of 720 ILCS 5/21-3(a)(3), which states: A person commits criminal trespass to real property
when he or she: knowingly and without lawful authority remains upon the land of another, after receiving
notice from the owner or occupant to depart. The Accused had in her possession a Registration Receipt
(No. 015054) which shows she had paid in advance for the period 5/6/11 thru 5/13/11. As the Accused
had paid for, and had legal right to occupy the room and use of the common areas, she was protected from
being summarily evicted on the word of an employee and protected under 735 ILCS 5/9-101 from the
forcible entry by the Fairview Heights Police without probable cause of an actual offense.

The Fairview Heights Police mention no subsequent investigation or inquiry with any alleged
customers of the motel with regard to the Complainants allegations. The report makes no mention as to
whether the Accused had engaged in any activity, past or present, which would incline the Complainant to
not wish them on the property or whether the Accused had engaged in any possibly illegal activity which
could have provoked the Complainant to act in the manner alleged. Where the question is whether a
crime has been committed, rather than whether a particular individual committed a known crime, more
evidence will be required to satisfy the probable cause requirement for arrest. In re D.G., 144 Ill.2d, 410,
581 N.E.2d 684 (1991).

In addition, the police lacked probable cause because the informer(s) on whom they based their
probable cause, also lacked credibility. An informants reliability is critical to a finding of probable cause.
Prior to Illinois v. Gates, 462 U.S. 213, 223, 103 S.Ct 2317, 76 L. Ed2d 527 (1983), under Aguilar v.
Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L Ed2d 723 (1964), and Spinnelli v. United States, 393 U.S. 410,

89 S.Ct 584, 21 L. Ed2d 637 (1969), the police, in obtaining a search warrant based upon the
representations of an informant, needed to make a two-pronged showing, First, the police, applying for
the warrant needed to show the informants basis of knowledge for knowing that a crime was being
committed. Second, the police had to show that either that the informant was inherently reliable, or that
he was reliable on this occasion.

Gates did away with this structured test to henceforth assert that probable cause would be asserted
under a totality of the circumstances analysis, under which the basis of knowledge and the credibility of
the informant would be important factors, but not dispositive. Nonetheless, the tipsters reliability remains
important. People v. Williams, 147 Ill.2d 173, 209-210, 588 N.E.2d 983 (1991).

WHEREFORE, the Defendant respectfully requests this Honorable Court hold a

hearing to inquire into the issues raised in this motion, quash the arrest, and suppress the oral and
summary statements in order to protect his rights to due process as guaranteed by the Fourth,
Fifth, and Fourteenth Amendments to the U.S. Constitution and the Illinois Constitution.
Respectfully submitted,
_______________________________________

Kent G. McCoy, in Propria Persona

200 Sheraton Drive
Belleville, Illinois 62223

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, OFFICER
NARRATIVE of Ptn. Branchini, OFFICER NARRATIVE of Det. Matt Eiskant,
Defendants Letter to Chief Bill Clay dated April 26, 2010.
Was mailed via U.S. Post, First Class, by leaving same with counter personnel
at the U.S. Postal Office in Belleville, Illinois and addressed to the:
Circuit Court of the Twentieth Judicial District, St. Clair County, Illinois
#10 Public Square
Belleville, Illinois 62220

Kent McCoy

Belleville, Illinois USA