People v. Beil

442 N.E.2d 291, 110 Ill. App. 3d 291, 66 Ill. Dec. 19, 1982 Ill. App. LEXIS 2444
CourtAppellate Court of Illinois
DecidedNovember 12, 1982
Docket81-645
StatusPublished
Cited by17 cases

This text of 442 N.E.2d 291 (People v. Beil) 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. Beil, 442 N.E.2d 291, 110 Ill. App. 3d 291, 66 Ill. Dec. 19, 1982 Ill. App. LEXIS 2444 (Ill. Ct. App. 1982).

Opinion

JUSTICE NASH

delivered the opinion of the court:

The State appeals from a pretrial order suppressing evidence seized from the trunk of defendant’s car after a warrantless search alleged to have been conducted in violation of defendant’s constitutional rights. We reverse.

On October 6, 1980, Detective James Romani of the Oak Brook Police Department was stationed in an unmarked squad car in the Oak Brook Shopping Center parking lot. At approximately 8 p.m., Romani observed a maroon Cadillac with three occupants driving in the parking lot and stop near the officer’s car. The driver of the maroon Cadillac exited the car and opened its trunk; Romani could not observe the driver’s further actions while at the trunk. Romani made a radio check of the license plates which revealed that the car was registered to defendant, James Beil, at 4820 South Keeler in Chicago. The car was not reported as stolen nor was it wanted for any reason; however, Romani recalled that he had heard the name “Beil” on a prior occasion with regard to auto thefts in Chicago.

Subsequently, the driver got back into the maroon Cadillac and drove out of the parking lot. Romani was aware that parking lots in the area had a relatively high incidence of auto theft, and he followed the Cadillac across 22d Street and into the parking lot of the nearby Sheraton Hotel. There, Romani observed the maroon Cadillac parked in a driving aisle behind a 1967 white Cadillac convertible which was in “exceptional condition.” A man wearing a plaid shirt was standing next to the maroon Cadillac in apparent conversation with the driver. Romani parked his car nearby and entered the hotel where he contacted another detective, Michael Golz, who was apparently watching that parking lot. The two detectives exchanged their observations and Golz informed Romani that he had seen the man in the plaid shirt duck down between the two Cadillacs. Romani left the hotel and noticed that the maroon Cadillac had backed up and that the white Cadillac was pulling out of its stall. Both cars, with the white Cadillac leading, then proceeded towards the 22d Street exit of the parking lot; at that time there were two persons in the maroon Cadillac and one person in the white Cadillac.

Romani and Golz stopped both cars at the exit and identified themselves as police officers. While defendant and the other passenger of the maroon Cadillac were producing identification, Romani went to the white Cadillac where he observed that its ignition had been pulled and that there was a “slam hammer” still attached to it; there was a screw driver on the front seat.

Romani made a radio check of the license plates of the white Cadillac and learned it was registered to a Joseph Klingler, who was not one of the three men in the two cars. Romani returned to the Sheraton Hotel where he contacted Klingler who stated he had not given anyone permission to use his car. Upon returning to the automobiles, Romani noticed a vise grip and an Allen type wrench on the back seat of the maroon Cadillac. The three men were thereupon arrested and were taken to the police station with the two cars.

At the station, Romani and Golz searched the maroon Cadillac, in-eluding the trunk, and discovered additional burglary tools and other items; the search was conducted without a warrant and without Beil’s consent. He was subsequently charged with felony theft and possession of burglary tools based upon his alleged accountability for the theft of the white Cadillac and constructive possession of those tools found in the white Cadillac.

Prior to trial, defendant moved to suppress the introduction of the property taken from his car trunk contending that the initial stop and subsequent search of his automobile were in violation of the fourth and fourteenth amendments to the United States Constitution. After an evidentiary hearing, the trial court determined that the initial stop of the defendant and seizure of those tools found in the back seat of his car met constitutional standards; however, the court suppressed those tools and other property found in the trunk of Beil’s car.

Generally, the fourth amendment requires police to obtain a warrant prior to the search or seizure of persons or property. However, it is recognized that a police officer may stop and temporarily detain a person for the purpose of a limited investigation absent probable cause to arrest him if the officer is able to point to specific and articulable facts which, taken together with reasonable inferences drawn from the officer’s experience, would reasonably warrant the extent of the intrusion. (Terry v. Ohio (1968), 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868; Beck v. Ohio (1964), 379 U.S. 89, 13 L. Ed. 2d 142, 85 S. Ct. 223; Carroll v. United States (1925), 267 U.S. 132, 69 L. Ed. 543, 45 S. Ct. 280.) In the case of an automobile, if the officer’s investigation uncovers facts which give probable cause to believe that a crime has been committed and that evidence of that crime is contained in the vehicle in which the suspect is riding, the officer may conduct a search of the vehicle without a warrant. (Michigan v. Thomas (1982), 458 U.S. 259, 73 L. Ed. 2d 750, 102 S. Ct. 3079; United States v. Ross (1982), 456 U.S. 798, 72 L. Ed. 2d 572, 102 S. Ct. 2157; Chambers v. Maroney (1970), 399 U.S. 42, 26 L. Ed. 2d 419, 90 S. Ct. 1975; Carroll v. United States (1925), 267 U.S. 132, 69 L. Ed. 543, 45 S. Ct. 280.) Given probable cause, the permissible scope of such a warrantless search is as broad as that which a magistrate could have legitimately authorized by warrant. Thus, the search may extend to every part of the vehicle, and its contents, that may conceal the object of the search. (United States v. Ross (1982), 456 U.S. 798, 72 L. Ed. 2d 572, 102 S. Ct. 2157; People v. Clark (1982), 92 Ill. 2d 96.) The permissible areas of search include the trunk of the vehicle. (United States v. Ross (1982), 456 U.S. 798, 72 L. Ed. 2d 572, 102 S. Ct. 2157; People v. Carter (1967), 38 Ill. 2d 496, 232 N.E.2d 692, cert. denied (1968), 391 U.S. 965, 20 L. Ed. 2d 877, 88 S. Ct. 2033.) The fact that the suspect may have been arrested and is without access to the vehicle or that the vehicle has been immobilized and taken to the station house does not obviate the justification to conduct the warrant-less search. The probable cause that develops at the scene still obtains at the station house. Michigan v. Thomas (1982), 458 U.S. 259, 73 L. Ed. 2d 750, 102 S. Ct. 3079; Texas v. White (1975), 423 U.S. 67, 46 L. Ed. 2d 209, 96 S. Ct. 304; Chambers v. Maroney (1970), 399 U.S.

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Bluebook (online)
442 N.E.2d 291, 110 Ill. App. 3d 291, 66 Ill. Dec. 19, 1982 Ill. App. LEXIS 2444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beil-illappct-1982.