People v. Austin

849 N.E.2d 112, 365 Ill. App. 3d 496, 302 Ill. Dec. 497, 2006 Ill. App. LEXIS 357
CourtAppellate Court of Illinois
DecidedMay 1, 2006
Docket4-04-0727
StatusPublished
Cited by7 cases

This text of 849 N.E.2d 112 (People v. Austin) 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. Austin, 849 N.E.2d 112, 365 Ill. App. 3d 496, 302 Ill. Dec. 497, 2006 Ill. App. LEXIS 357 (Ill. Ct. App. 2006).

Opinion

PRESIDING JUSTICE TURNER

delivered the opinion of the court:

In February 2003, the State charged defendant, Kim DeWayne Austin, with one count of unlawful possession with intent to deliver a controlled substance. In May 2003, defendant filed a motion to suppress evidence, which the trial court denied. In July 2004, defendant filed a motion for rehearing. In August 2004, the court granted the motion to suppress.

On appeal, the State argues the trial court erred in granting defendant’s motion to suppress. We reverse and remand for further proceedings.

I. BACKGROUND

In February 2003, the State charged defendant by information with one count of unlawful possession with intent to deliver a controlled substance (720 ILCS 570/401(a)(2)(B) (West 2002)), alleging he knowingly and unlawfully possessed with the intent to deliver 100 grams or more but less than 400 grams of a substance containing cocaine. Defendant pleaded not guilty.

In May 2003, defendant filed a motion to suppress evidence, alleging police officers did not have probable cause to believe he was committing a crime or about to commit a crime prior to searching him and seizing evidence. In July 2003, the trial court conducted a hearing on the motion.

Rantoul police detective Alex Meyer testified he met with a confidential source in August 2002, who provided information concerning an individual known by the street name “Mafia.” The informant indicated Mafia sold crack cocaine in Rantoul and once had reported a burglary of his apartment where $2,700 was taken. The informant stated the $2,700 had not been taken but instead a large sum of crack cocaine was taken. The residence burglarized belonged to defendant, and his street name was Mafia.

In the later months of 2002 and early part of 2003, Detective Meyer investigated drug dealing at 409 Sheldon in Rantoul. A different confidential source identified defendant as selling large amounts of crack cocaine in Rantoul. The source stated defendant worked with an individual named “Sean,” who was identified as Andre Strong. The source indicated defendant’s narcotics were the majority of drugs sold from 409 Sheldon and Juniper Drive, where Strong resided.

On February 19, 2003, Detective Meyer received information from an anonymous source that a man named Martiez Young, dressed in a black Raiders hat and black coat and carrying a blue duffel bag, would be arriving in Rantoul from Kankakee via Greyhound bus. Young was to be carrying several ounces of crack cocaine to be given to Strong. To check on the reliability of the anonymous information, Detective Meyer called a confidential source who stated Young frequented 409 Sheldon, recently moved to Rantoul from Kankakee, wore all black, and matched the description.

At about 4:50 p.m., Detective Meyer saw two men exit the Greyhound bus after it stopped in Rantoul. The two men were talking to each other and turned to walk east along the side of the bus. Meyer approached the men from behind and identified himself as being a detective with the Rantoul police department. One man continued to walk east while the other, later identified as defendant, “took two steps to walk back towards [Meyer’s] right.” Defendant’s “evasive movement” appeared to Meyer that defendant “definitely did not want to be in [the detective’s] presence.” Meyer described the movement as “two steps similar to a military about-face[,] [a] quick two steps [in the] opposite direction.” Meyer then said he needed to speak with both men. He also asked another officer to assist him. Meyer did not know defendant’s identity at that time. He then asked both men to put their hands on the bus as he stood behind them.

Detective Meyer asked both individuals to identify themselves. When Meyer stopped defendant and Young, “it was seconds” before defendant told him his name, and once defendant gave his name, Meyer knew who he was. Other officers moved Young to the rear of the bus. Based on his training and experience, Meyer was concerned about his safety, knowing defendant had been previously arrested for unlawful discharge of a weapon and unlawful use of a weapon. Further, Meyer described defendant as “a large individual” who outweighed him “by several pounds.” Meyer then patted down defendant for weapons and felt an object in his coat pocket. Meyer asked three times what the object was, and defendant finally answered the third time that the object “ ‘must be potato chips.’ ” Meyer secured defendant because he had become “very quiet and was looking down the road.” Based on his experiences, Meyer believed defendant’s manner indicated a possible intention to flee or fight.

Meyer stated other officers found a large sum of cash on Young’s person. Thereafter, both men were transported to the police department. During the booking process, Meyer removed a brown bag of suspected crack cocaine from defendant’s pocket.

On cross-examination, Meyer stated the two men exited the bus and were talking to each other as they walked away. Meyer testified the two men appeared to be together, and he decided to stop them after identifying himself as a police officer and defendant’s attempt “to evade and separate himself from Mr. Young.”

Rantoul police sergeant Randy Davis testified defendant was stopped before his identity had been discovered. Davis patted down Young and found a large amount of cash in his pocket.

The trial court denied the motion to suppress. The court found, in part, as follows:

“When Investigator Meyer identified himself, it wasn’t that [defendant] walked away. Officer Meyer described it as almost like an about-face as one would do when marching or drilling. It was an abrupt turn and walking away on an angle. Prior to that, he was talking with Mr. Young. It was obvious that they were together, and it was only after Investigator Meyer identified himself that the [defendant abruptly changed directions and began to separate himself. Again Investigator Meyer was candid. He stopped him at that point. There’s no doubt about it. The [defendant was stopped. He was detained, asked to face the bus along with Mr. Young.
Given the time frame involved[,] we’re probably talking about 5, 10, 15 seconds before Investigator Meyer made the determination that [defendant] was the second individual, was the other person with Mr. Young.
Granted he was detained. Granted it was for about 10 to 15 seconds before his identity was determined and once his identity was determined then all of the other pieces fell into place. ***
Is that an unreasonable stop? Was there reasonable articulable suspicion to detain this [defendant even for those brief seconds? Well, again, they were expecting Young. They were expecting Young on the bus with a load of cocaine. The [defendant gets off the bus with Young. They knew as far as this investigation is concerned that there are three people who were named by the officers, Mr. Young, [defendant], and then the third person I believe was referred to as Sean. They know that this [defendant — that Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
849 N.E.2d 112, 365 Ill. App. 3d 496, 302 Ill. Dec. 497, 2006 Ill. App. LEXIS 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-austin-illappct-2006.