People v. Allen

559 N.E.2d 1145, 202 Ill. App. 3d 487, 147 Ill. Dec. 805, 1990 Ill. App. LEXIS 1304
CourtAppellate Court of Illinois
DecidedAugust 30, 1990
DocketNo. 1-88-0910
StatusPublished
Cited by3 cases

This text of 559 N.E.2d 1145 (People v. Allen) 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
People v. Allen, 559 N.E.2d 1145, 202 Ill. App. 3d 487, 147 Ill. Dec. 805, 1990 Ill. App. LEXIS 1304 (Ill. Ct. App. 1990).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

After a bench trial, Roy Allen, defendant, was found guilty of possession of cannabis with intent to deliver (Ill. Rev. Stat. 1985, ch. 56½, par. 705(e)), possession of cocaine with intent to deliver (Ill. Rev. Stat. 1985, ch. 56½, par. 1401(a)(2)), and unlawful use of a weapon by a felon (Ill. Rev. Stat. 1985, ch. 38, par. 24—1). He was sentenced to concurrent terms of 25 years for possession of cocaine with intent to deliver, seven years for the possession of cannabis with intent to deliver, and five years for the unlawful use of a weapon by a felon. The court also ordered that the 25-year sentence was to run consecutively with a four-year sentence imposed in another case.

On appeal, defendant raises the following issues: (1) whether the trial court erred in denying his motion to suppress; (2) whether sections 5—8—4(h) and 5—8—4(i) of the Unified Code of Corrections (Ill. Rev. Stat. 1985, ch. 38, pars. 1005—8—4(h), (i) (hereinafter the Code)) are constitutional; and (3) whether the court abused its discretion in sentencing defendant to a term of 25 years for the possession of cocaine with intent to deliver.

We affirm.

At defendant’s suppression hearing, Chicago police officer John Tuttle testified that at approximately 9:30 a.m. on March 14, 1987, he responded to a call that a man with a gun was holding a woman at 30 East Division Street, apartment 5-East, in Chicago. Officer Tuttle proceeded to the scene where, upon exiting the elevator on the fifth floor, he observed Patty Pearson emerge from the stairwell with a bloody face. Officer Tuttle testified that there were also two other officers on the scene.

When Pearson saw the officers, she exclaimed that “there is a man over there with a gun” and pointed to apartment 5-East. There is some question as to whether Pearson told Officer Tuttle that defendant had beat her or whether she told him “they” had beat her. Officer Tuttle then proceeded to apartment 5-East. After knocking at the door twice without response, defendant finally opened the door to the apartment on the third knock. When defendant opened the door, Officer Tuttle noticed that defendant had a gun in his hand. A woman, Marie Altman, was standing behind defendant.

Defendant dropped his gun inside of the apartment and was then arrested. Officer Tuttle retrieved the gun, which was dropped approximately three feet inside of the doorway. At one point in his testimony, Officer Tuttle stated that while he was retrieving the gun, Pearson told him that there was another person inside of the apartment other than defendant and Altman. However, at another point in his testimony, he stated that Pearson had already been taken to the hospital when he retrieved the gun.

Officer Tuttle then entered the apartment with several other officers in search of this third party. While in the closet of one of the bedrooms, Officer Tuttle discovered weapons, clothing with the tags still attached, and camera equipment. In another bedroom he discovered large stacks of boxes and electronic equipment. He also found more weapons in the closet of that room.

In a third room in the apartment, which had been locked, Officer Tuttle observed plastic garbage bags filled with crushed green plants. Based on prior experience, Officer Tuttle believed that the bags contained marijuana. A safe, electronic equipment, and two attache cases were also found in the room.

A dog from the canine unit was later brought in to determine whether there were narcotics inside the safe. The dog’s handler informed Officer Tuttle that there were narcotics in the safe after observing the dog barking and sniffing at the safe.

Officer Robert Dworak corroborated Officer Tuttle’s testimony in that he observed Pearson standing in the stairwell with blood on her face; that Pearson pointed in the direction of apartment 5-East and exclaimed that “they” were in there; that defendant was observed with a revolver in his hand and that a woman was standing behind him when defendant opened the door; and that he entered the apartment with Officer Tuttle and several other officers. Officer Dworak did not participate in the search of the apartment.

Officer Jacqueline Niccoli, who arrived after several officers had already entered the apartment, also corroborated Officer Tuttle’s testimony in that she observed blood on Pearson’s face; that Pearson stated that a third person was in the apartment; that a green leafy substance was observed in a large plastic bag; and that she observed a dog from the canine unit howl and scratch at the safe. Officer William Tremore, Officer Niccoli’s partner, testified that he also observed what appeared to be marijuana in clear plastic bags in defendant’s apartment.

The trial court made specific findings of fact including that there was probable cause to arrest defendant. The court also found that the seizure of the gun, the cocaine, marijuana and the safe was proper. However, the court found that the seizure of the noncontraband items was not supported by probable cause and granted defendant’s motion to suppress with respect to the noncontraband items.

Defendant was found guilty, in a stipulated bench trial, of possession of cannabis with intent to deliver, possession of a controlled substance with intent to deliver, and illegal use of a firearm by a felon. He was sentenced to 25 years on the possession of a controlled substance with intent to deliver, which was to be served consecutively with a four-year sentence imposed in another case. He was also sentenced to concurrent terms of seven years for the possession of cannabis with intent to deliver and five years for the illegal use of a firearm by a felon. It is from this decision that defendant appeals.

Defendant first argues that the trial court erred in denying his motion to suppress evidence. He contends that his warrantless arrest was without probable cause. Probable cause is determined by the facts and circumstances of each case as they are known to the arresting officer at the time of the arrest. (People v. Robinson (1976), 62 Ill. 2d 273, 276-77.) Facts and circumstances must exist to warrant a reasonable man to believe that the offense was committed by the arrestee. (People v. Fuller (1986), 141 Ill. App. 3d 737, 742.) The trial court’s findings of probable cause will not be disturbed unless manifestly erroneous. People v. Clay (1984), 124 Ill. App. 3d 140, 148.

We do not find that the trial court’s decision was manifestly erroneous when it found that there was probable cause to arrest defendant. Defendant argues that Officer Tuttle’s testimony was incredible because he contradicted himself when at one point he testified that Pearson stated that defendant beat her and at another point he testified that Pearson stated that “they” beat her. Defendant also notes that although the police officers responded to a call to come to the scene because a man was holding a woman with a gun, they did not know the identity of the victim or the perpetrator. Defendant argues that these circumstances would not support a finding of probable cause, but, rather, constitute mere suspicion, which is not sufficient to justify a warrantless arrest. (See People v. Fletcher (1978), 66 Ill. App. 3d 502.) We disagree.

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Cite This Page — Counsel Stack

Bluebook (online)
559 N.E.2d 1145, 202 Ill. App. 3d 487, 147 Ill. Dec. 805, 1990 Ill. App. LEXIS 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-allen-illappct-1990.