NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except 

in the limited circumstances allowed under Rule 23(e)(1).

2023 IL App (3d) 210280-U

Order filed March 21, 2023

____________________________________________________________________________ 

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

2023 

THE PEOPLE OF THE STATE OF )

ILLINOIS, ) 

 ) 

Plaintiff-Appellant, ) 

 ) 

 v. ) 

 ) 

JOHN MAGEE, JR., ) 

 ) 

Defendant-Appellee. ) 

Appeal from the Circuit Court

of the 21st Judicial Circuit, 

Kankakee County, Illinois, 

Appeal No. 3-21-0280 

Circuit No. 20-CF-70 

Honorable 

Kathy Elliott,

Judge, Presiding. 

____________________________________________________________________________

PRESIDING JUSTICE HOLDRIDGE delivered the judgment of the court. 

Justices Hettel and McDade concurred in the judgment. 

____________________________________________________________________________

ORDER

¶ 1 Held: The State’s failure to certify its impairment to continue with the case requires 

dismissal. 

¶ 2 The defendant, John Magee, Jr., filed a motion to quash arrest and suppress evidence, 

arguing that he was unlawfully and unreasonably searched. The court granted the motion, and the 

State appeals.

¶ 3 I. BACKGROUND
2 

¶ 4 In February 2020, the defendant was charged with aggravated unlawful use of a weapon 

(720 ILCS 5/24-1.6(a)(1)(3)(A) (West 2020)) and unlawful possession of a weapon by a felon 

(720 ILCS 5/24-1.1(a) (West 2020)). The defendant filed a motion to quash arrest and suppress 

evidence. 

¶ 5 The case proceeded to a hearing on the motion. The evidence at the hearing established 

that, on January 31, 2020, the defendant had a three-day pass from the nursing home he lived in to 

attend his birthday party in Kankakee. He was standing in front of the residence where the party 

was being held. Officer Demetrius Williams and Sergeant Jose Martinez were on patrol in a 

marked car in a “high crime area” when they observed the defendant and another man standing in 

front of the residence. They were not doing anything illegal. Martinez then shined a spotlight on 

the two individuals. The defendant put his hands in his pockets and walked quickly to the back of 

the residence. The officers saw the defendant bending down by a grill behind the residence through 

an opening in a fence. The defendant looked like he was reaching for something under the grill. 

The officers got out of the patrol car and walked toward the defendant. Martinez stated that he saw 

the defendant “making a throwing motion and [he] heard metal hitting metal.” The defendant then 

walked towards the officers with his hands up. The officers asked the defendant if he lived at the 

residence, and he said he did not. Martinez shined his flashlight in the area and saw a gun on the 

ground near the grill. Martinez stated that it was next to an aluminum baseball bat, which he 

believed was the sound of metal he heard. Williams then pushed the defendant to the ground and 

arrested him.

¶ 6 The court granted the motion to quash arrest and suppress evidence, noting that caselaw 

stated that flight alone was not enough reason for the officers to follow the defendant, and that the 

officers did not provide any reason for their statement that this was a “high crime area.” The State 
3 

filed a motion to reconsider, which was denied. The State said it “cannot prove it without it” and 

filed a notice of appeal. The State did not file a certificate of substantial impairment, nor did it 

certify in its notice of appeal that the suppression substantially impaired its ability to prosecute the 

case.

¶ 7 II. ANALYSIS

¶ 8 On appeal, the State argues that the court erred in granting the defendant’s motion to 

suppress. 

¶ 9 At the outset, the defendant argues that we should dismiss this appeal as the State has failed 

to file a certificate of impairment and comply with Illinois Supreme Court Rule 604 (eff. July 1, 

2017). The State did not file a reply brief to respond to the defendant’s arguments, nor has it made 

a request for leave to supplement the record with the certificate. The State has brought its appeal 

pursuant to Illinois Supreme Court Rule 604(a)(1), which provides: 

“In criminal cases the State may appeal only from an order or judgment the 

substantive effect of which results in dismissing a charge for any of the grounds 

enumerated in section 114-1 of the Code of Criminal Procedure of 1963; arresting 

judgment because of a defective indictment, information or complaint; quashing an 

arrest or search warrant; suppressing evidence; from an order imposing conditions 

of pretrial release; from an order denying a petition to deny pretrial release; or from 

an order denying a petition to revoke pretrial release.” 

Our supreme court has interpreted this rule as allowing an interlocutory appeal by the State of a 

pretrial suppression order only when the prosecutor certifies that the suppression substantially 

impairs the State’s ability to prosecute the case. People v. Young, 82 Ill. 2d 234, 247-48 (1980). 

The State has multiple options for such certification, including: filing a certificate of impairment 
4 

in the circuit court (People v. Carlton, 98 Ill. 2d 187, 193 (1983)), filing a certificate of impairment 

in the appellate court as a supplement to the record (People v. Kantowski, 98 Ill. 2d 75, 79 (1983)); 

filing a “certification of intent to appeal”, which states that the case substantially impaired the 

States ability to prosecute the case (People v. Williams, 2020 IL App (3d) 180024, ¶¶ 19, 23); or 

certifying in its notice of appeal that the court’s ruling “substantially impair[ed] [its] ability to 

prosecute” (People v. Stevenson, 2014 IL App (4th) 130313, ¶ 24). Further, this court has held 

that, as such a certification is required, such requirement cannot be “circumvented where the record 

‘clearly shows’ that a suppression order substantially impaired the State’s ability to prosecute the 

case.” Williams, 2020 IL App (3d) 180024, ¶ 22. 

¶ 10 Here, the State has failed to provide any certification of impairment, which is a prerequisite 

to an appeal under Rule 604(a)(1). Considering the many options that the State had to fulfill this 

requirement both in the trial court and on appeal (supra ¶ 9), this is unacceptable. We find that the 

State’s mere statement in the circuit court that it “cannot prove it without it” is not enough. See 

Williams, 2020 IL App (3d) 180024, ¶ 22; Stevenson, 2014 IL App (4th) 130313, ¶ 24. Moreover, 

as the State has failed to provide any explanation or file a reply brief, it has forfeited any argument 

regarding this issue. We cannot consider the merits of the State’s argument and must dismiss the 

appeal.

¶ 11 III. CONCLUSION

¶ 12 For the reasons stated, we dismiss the appeal.

¶ 13 Appeal dismissed.