Grames v. Illinois State Police

625 N.E.2d 945, 254 Ill. App. 3d 191, 192 Ill. Dec. 790
CourtAppellate Court of Illinois
DecidedDecember 16, 1993
Docket4—92—0455, 4—92—0874 cons.
StatusPublished
Cited by42 cases

This text of 625 N.E.2d 945 (Grames v. Illinois State Police) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grames v. Illinois State Police, 625 N.E.2d 945, 254 Ill. App. 3d 191, 192 Ill. Dec. 790 (Ill. Ct. App. 1993).

Opinion

JUSTICE COOK

delivered the opinion of the court:

The Director of the Illinois State Police (Department) filed charges with the Illinois State Police Merit Board (Board) alleging plaintiff violated various departmental rules when she attempted suicide. A hearing officer determined the Department proved some, but not all, of the allegations contained in the complaint. The Board adopted the findings and conclusions of the hearing officer and ordered plaintiff discharged from her position at the Department. On administrative review in case No. 90—MR—238, the circuit court reversed the Board’s order in part, affirmed in part and remanded the case to the Board. On remand the Board again ordered plaintiff discharged. Plaintiff filed a second complaint for administrative review, case No. 91—MR—295, in which the circuit court affirmed the Board’s order.

Plaintiff appeals the final order in case No. 91—MR—295 (our case No. 4—92—0455), arguing her motion to suppress certain evidence should have been granted.

Defendants appeal the final order in case No. 90—MR—238 (our case No. 4—92—0874), arguing (1) the circuit court lacked subject matter-jurisdiction in case No. 9—MR—295, the second administrative review action, because case No. 9— MR—238 (the first administrative review action) was still pending, and (2) certain findings of the Board were against the manifest weight of the evidence. These appeals were consolidated on review. We affirm.

On August 9, 1989, the Director of the Department filed a three-count complaint against plaintiff with the Board seeking plaintiff’s discharge for cause for violating various departmental rules of con-" duct. The Department later filed an amended complaint which alleged that on or about June 4, 1989, the Springfield police department responded to an emergency call that an unresponsive woman (plaintiff) was locked in a bathroom at the home of Robert LaBonte. The bathroom door was forced open, and plaintiff was found alone and unconscious on the floor. Found with her were (1) her service weapon, loaded, cocked and with the safety off; (2) $899; (3) a prescription bottle for Imipramine, containing 58 out of 150 tablets; (4) a partially filled glass of blackberry brandy; (5) an empty beer bottle and another partially empty bottle; (6) a four-page suicide note; (7) insurance policies; (8) a photograph album; (9) two checks payable to a women’s shelter; (10) a flashlight capable of shooting mace; and (11) a plastic bag containing three guns, a brass knuckle belt buckle, a cocaine user’s kit containing Phencyclidine (PCP) residue, a package of razor blades, two prescription tablets and a folded piece of magazine containing .3 grams of cocaine. Two of the weapons found in the plastic bag had been recovered in connection with previous police cases to which plaintiff had been assigned. Both weapons had been processed as evidence by the Illinois State Police Maywood laboratory (Maywood laboratory), and one gun had been ordered destroyed by a November 16, 1977, Du Page County circuit court order.

Based on this alleged conduct, the complaint charged plaintiff with violating various sections of the Department’s Rules of Conduct (ROC). Count I alleged plaintiff’s conduct violated ROC — 1, paragraph 1 — 2(a) (conformance to laws), in that she violated section 402(b) of the Illinois Controlled Substances Act (Act) (Ill. Rev. Stat. 1987, ch. 56V2, par. 1402(b)) by possessing less than 15 grams of cocaine. Count II alleged plaintiff violated (1) ROC — 1, paragraphs 1 — 32 (use of departmental equipment) and 1 — 38 (use of weapons), in that the circumstances under which her Department-issued service weapon was found constituted the misuse of departmental equipment; and (2) ROC — 1, paragraph 1 — 30 (processing property and evidence), by failing to properly process the weapons found in connection with other departmental cases, retaining control of the weapons and converting them to her own use. This charge had two aspects: that plaintiff failed to process the weapons when she first received them, and that plaintiff was under a continuing duty to process the weapons even in the days preceding June 4, 1989. Count III alleged she violated (1) ROC — 1, paragraph 1 — 43 (use of alcohol off-duty), in that she discredited herself and the Department and was unfit to report for her next regular tour of duty; (2) ROC — 1, paragraph 1 — 44 (possession and use of drugs), by possessing controlled substances and abusing prescribed medication, which affected her job performance; (3) ROC — 1, paragraph 1 — 6 (unbecoming conduct), in that her conduct reflected unfavorably upon the Department and discredited its integrity; and (4) ROC — 1, paragraph 1 — 11 (unsatisfactory performance), in that her actions demonstrated an inability to properly perform her duties and assume the responsibilities of her position.

Prior to the filing of the amended complaint, plaintiff filed a motion to suppress as evidence the contents of the plastic bag found in the bathroom. She contended the search which uncovered these items was conducted illegally. At the commencement of the hearing, plaintiff made an additional motion to dismiss that part of count II alleging she failed to properly process weapons confiscated in other cases because the charge was made beyond the applicable three-year statute of limitations provided by Merit Board rules, section 150.510. See 80 Ill. Adm. Code §150.510 (1991).

Based on the evidence presented at the hearing, the hearing officer denied plaintiff’s motion to suppress, reasoning the exclusionary rule should not be applied in the administrative proceeding, and even if it were, the motion should be denied because plaintiff lacked standing to raise the issue and the search did not violate due process. She granted plaintiff’s motion to dismiss count II insofar as it alleged plaintiff failed to properly process the two weapons found in conjunction with other cases in 1976 and 1977 as outside the applicable three-year statute of limitations. The remaining allegations of count II, including the Department’s contention there was a continuing duty to process, were not dismissed.

As to count I, the hearing officer found the Department established by a preponderance of the evidence that plaintiff violated ROC — 1, paragraph 1 — 2(a) (conformance to laws), in that she possessed less than 15 grams of cocaine in violation of section 402(b) of the Act. As to count II, she not only granted the motion to dismiss on the basis of the statute of limitations, she found, in the event the Board disagreed, the Department failed to prove plaintiff violated her duty to process the two weapons. She did, however, conclude the Department proved plaintiff improperly retained control of those weapons and converted them to her own use in violation of ROC — 1, paragraph 1 — 30 (processing property and evidence). Moreover, the hearing officer concluded plaintiff violated ROC — 1, paragraphs 1 — 32 (use of departmental equipment) and 1 — 38 (use of weapons), in that the position in which plaintiff’s gun was found showed it had been handled in a careless, negligent or imprudent manner. Further, the hearing officer determined the allegations of count III — that plaintiff took an overdose of prescribed medication, possessed cocaine, and retained possession of weapons which should have been transferred to the Department — were proved.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Adkins v. City of Chicago Department of Streets & Sanitation
2024 IL App (1st) 230796-U (Appellate Court of Illinois, 2024)
People v. Synowiecki
2023 IL App (4th) 220834 (Appellate Court of Illinois, 2023)
Reliable Asphalt Corp. v. City of Chicago Dept. of Public Health
2023 IL App (1st) 220185-U (Appellate Court of Illinois, 2023)
Scatchell v. Board of Fire & Police Commissioners for Melrose Park
2022 IL App (1st) 201361 (Appellate Court of Illinois, 2022)
Vaval v. Police Board of the City of Chicago
2022 IL App (1st) 210118-U (Appellate Court of Illinois, 2022)
People v. Johnson
2021 IL App (2d) 180803-U (Appellate Court of Illinois, 2021)
People v. Norris
2018 IL App (3d) 170436 (Appellate Court of Illinois, 2019)
59th & State Street Corp. v. Emanuel
2016 IL App (1st) 153098 (Appellate Court of Illinois, 2016)
People v. Dismuke
2013 IL App (2d) 120925 (Appellate Court of Illinois, 2013)
Maplewood Care, Inc. v. Arnold
2013 IL App (1st) 120602 (Appellate Court of Illinois, 2013)
U.S. Residential Management and Development, LLC v. Head
922 N.E.2d 1 (Appellate Court of Illinois, 2009)
Dookeran v. County of Cook
Appellate Court of Illinois, 2009
Boom Town Saloon, Inc. v. City of Chicago
Appellate Court of Illinois, 2008
Ahmad v. Board of Educ. of City of Chicago
847 N.E.2d 810 (Appellate Court of Illinois, 2006)
Applegate v. STATE OF ILL. DEPT. OF TRANSP.
783 N.E.2d 96 (Appellate Court of Illinois, 2003)
Applegate v. State of Illinois Department of Transportation
335 Ill. App. 3d 1056 (Appellate Court of Illinois, 2002)
Fedanzo v. City of Chicago
775 N.E.2d 26 (Appellate Court of Illinois, 2002)
People v. Neylon
Appellate Court of Illinois, 2002

Cite This Page — Counsel Stack

Bluebook (online)
625 N.E.2d 945, 254 Ill. App. 3d 191, 192 Ill. Dec. 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grames-v-illinois-state-police-illappct-1993.