nine zero zero five which is the state's attorney's authority to act in the statutes the on those in the constitution obviously is a constitutional officer and if you do show article and he's elected pursuant to that article and then the legislature set forth his dut section of that statute says that the state's attorney of each county shall have the authority to appoint one or more special investigators then here are the key word two and that the fines the next step which is there to serve subpoenas to make return to process and conduct investigations and just to show that it was raising the question about what investigations are conducted well historically that was the use of the grand jury that was the use of the power of the grand jury to investigate  matters potentially a grand jury would appoint a special investigator and the in special investigator would go out and conduct an investigation regarding the manner that had already the judicial process and started before the grand jury was empanel a person was a target it was already in progress in the case that bench we have a person who becomes appointed and the facts are clear he was appointed in the summer at that time his fingerprints weren't taken  signs an oath in january around january twenty first and he makes the roadside stop on the thirty first of january and the statute was for the protection of the public here this is not a statute that's designed to beat nearly directory but this is to protect the public from having people running around with guns potentially who shouldn't have guns and who have police powers in their possession so what are we protecting the public from well if you may recall there was a case in the us courts of hampton vs hanrahan and if you may recall the hanrahan state's attorney's office really the black panthers headquarters in chicago resulting in the dust of some of the citizens of illinois which resulted in the appointment of a special prosecutor and resulted in the disappointing as well as civil judgments and against the state's attorney's employees who were involved and they have civil right billy that was the beginning of the opening of civil liability for attorneys in the state's attorney's office prior to the hampton raid was not right ability for any of the actions of the county attorney in the united states it was a watershed case in that regard usual function which is me hoping a grand jury assisting the grand jury and prosecuting the cases that are brought to his attention so this statute was designed to protect the public as was pointed out this investigation designated by statute within the traffic code the state police are given the authority to operate in motor vehicles and make arrests and determine trucking violations it's more of a flat violations that if you notice the testimony of mr ga or in the course of his testimony he even says it's only the state police that have the right to conduct the trip from stops in the state and in force to truck rules both nationally which are the federal rules as well as the state rules with cars the operation  truck so mr gator and by the thirty first of january has not had his fingerprints taken or sent to springfield we have received a waiver from the border which is required and if we go further down in the statute it says no special investigator employed by the state's attorney's office shall have these powers or exercise police powers and once he successfully completes basic police training course mandated and approved by the one i want to force me to train the he's got to have a waiver and the waiver have to be delivered to the state's attorney's office if there was any decision to be made about the statute and you had to look further into the statute the next paragraph says before a to before the appointment takes place as a special investigator his fingerprint shall be taken and transmitted apartment to state police sale the apartment occurs as we all lol for the record here if it goes down in december before christmas and so nothing reprints are taken here kleiman happens in violation of the statute itself direct violation statute because the language is clear i believe anybody who has a legal training background be able to understand the word before well meaning that it had to happen in advance of actually giving somebody a point and if you have any question about what the general assembly knew it was fine they certainly knew about h versus hampton because you would have been in a green yard in illinois during that time frame not to know what was going on up in chicago after the execution of the citizens and the lawsuit the one item played out in the news media for over three four years when up to the  got reversed went back down for trial by time was almost twelve years worth of litigation well known to the legal community in illinois so this statute was designed to protect the public and even had other builders in it people be appointed no person shall be  enforcement conference down in new orleans where even if the house of the writing son gets arrested for prostitution he might help people a lot and i never know about that except for fingerprints you know we're not talking about a very long period of time where things c happen and we all know people aren't perfect and they do stupid things and they make mistakes no fingerprint check of any kind is performed on this person nobody knows whether he's been arrested this record is silent as if you haven't arrested between one hundred eighty six or eighty the wisdom of trying to say that this is a direct result of actually i believe it's a mandatory statute i think it has to be read it alone because it specially designed for the state's attorney it doesn't talk about the that having the powers of the appellate prosecutor's investigating it doesn't say anything about our fine police officers and the legislature for almost the entire compile statute book in our state or my lifetime it went from one or two books to that statute any way shape or form so i along with i think it's a brilliant attempt to try to save the situation here it doesn't save the situation because it wasn't really discussed which i did while in a detail it wasn't really briefed by the time the consolidation took place and you have already heard the oral arguments in that particular case so if i trust question on something from there i apologize i just don't know the records of those particular case but i can only imagine in the sense judge ryan was eminently correct in his decision nobody's coming in here and said they sent the fingerprints nobody's coming in here and said the fingerprints were said before he was point nobody's coming here to tell you that there was a fingerprint check on him in any way shape or form and he clearly possesses powers out on the interstate highway not those of the ordinary citizen a car with lights a siren peter in this room with where they're actually talking about where we plan to go because of the month lapse and let's get out can remember these mudflaps and let's make sure before we write this ticket that you're right they just say that's the reason for the is the right to create a list and my understanding is that the thornier the general assembly and that would be vacation the general assembly or the county if it were something to do with the county or maybe the municipality but those powers are rather write from the give them some regular police power but it also seems to narrow that it's having to be sort of i guess working on the side or under  elected state's attorney and if you look at the attorney general statute in conjunction with the statute covering state's attorneys the state's attorney is you can write the attorney general and to assist and then he's responsible in every case  locals that you can have some state officer come running around in the jurisdiction where you have a properly elected state's attorney in control of what happens in his own county so i think that's i think that's what you're now reaching by the nature of your question the historical distrust of the springfield person showing up and taking over in in a county and not being properly elected or having the support of the people of iraq is that into your question piece of our business and the reason the borders did that was they were tired of the guy getting money out of the prosecution because his salary was paid by the successful convictions here a few officers so if you look at our and you have courts like telling a city where the justice of the peace got fifty bucks out of the speeding ticket well it will give you all to raise this what you're doing is you're putting the officers back into the business and they seize can go on the interstate the state's attorney gets ten percent of the action so now he's not there policing the situation in an arm's distance like you want to train in a courtroom to represent the case and put it out he actually has a financial outcome so it becomes contingency law enforcement and so this is something this is evil that the builders decided against in sixty four it was really incorporated in the base of the constitutional convention and went forward in ninety seven to deal with final constitution we had so you know there are a lot of e mails that these