People v. Bell

932 N.E.2d 625, 403 Ill. App. 3d 398, 342 Ill. Dec. 498, 2010 Ill. App. LEXIS 744
CourtAppellate Court of Illinois
DecidedJuly 9, 2010
Docket4-09-0863
StatusPublished
Cited by3 cases

This text of 932 N.E.2d 625 (People v. Bell) 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. Bell, 932 N.E.2d 625, 403 Ill. App. 3d 398, 342 Ill. Dec. 498, 2010 Ill. App. LEXIS 744 (Ill. Ct. App. 2010).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

In February 2009, the State charged defendant, John E. Bell, with two counts of child pornography (720 ILCS 5/11 — 20.1(a)(6) (West 2008)) based on images found on his computer’s hard drive. In May 2009, defendant filed a motion to suppress physical evidence, arguing the search and seizure of his computer was conducted without lawful authority. Following a November 2009 hearing, the trial court granted defendant’s motion.

The State appeals, arguing (1) police had actual and apparent authority to search defendant’s computer based on the consent given by defendant’s then-girlfriend, (2) the inevitable-discovery exception applies, and (3) probable cause allowed police to seize defendant’s computer regardless of whether defendant’s girlfriend had authority to consent to the search. We reverse and remand.

I. BACKGROUND

In October 2008, two deputies from the Macon County sheriffs department arrived at defendant’s home after defendant’s then-girlfriend, Penni Matticks, called 9-1-1 to report she and defendant were involved in a fight. Upon arriving at the residence, the deputies learned Matticks hit defendant. Matticks explained she did so in response to discovering defendant had been searching the Internet for photographs of unclothed, underage girls. The deputies obtained signed consent from Matticks to search the computer located inside the residence, wherein pornographic images were discovered on the computer’s hard drive.

In February 2009, the State charged defendant by information with two counts of child pornography. In May 2009, defendant filed a motion to suppress physical evidence contending (1) no search or arrest warrant supported the search and subsequent seizure, (2) no exigent circumstances were shown to justify the warrantless search and seizure, (3) defendant never consented to the search or seizure, (4) no other person who possessed common authority over the areas searched consented to the search or seizure, and (5) the search and seizure were not incident to or contemporaneous with a valid arrest of defendant. In November 2009, the trial court held a hearing on defendant’s motion, wherein the parties presented the following evidence.

Defendant testified he was the sole owner of the residence located at 6376 Kitchen Road in Decatur. No other names appeared on the residence’s title, no one else held any ownership interest in the residence, and the residence was not leased to anyone.

In October 2008, Matticks was defendant’s girlfriend and had lived with defendant at the Kitchen Road residence since December 2007. Defendant and Matticks had no specific agreement, such as a lease, regarding Matticks living at the residence. Defendant provided nearly all the housewares and furniture, except for a small bookcase Matticks bought for the laundry room. Defendant estimated Matticks stored 8 to 12 boxes of her packed belongings in the basement. Although Matticks did not have her own key to the residence, defendant allowed her to use his truck, which contained a garage-door opener Matticks used to enter the house. Defendant also testified Mat-ticks knew where he kept a key hidden outside “in case [he and Mat-ticks] locked [them]selves out.”

Several days prior to the October 20, 2008, incident in which Mat-ticks called 9-1-1, Matticks approached defendant, claiming she found objectionable material on the computer. Defendant and Matticks argued, and defendant removed the computer’s keyboard and hid it under the bed “because [defendant] did not want [Matticks] to have any further access to the computer [ ] and [he] knew it was disabled without the keyboard.” When Matticks asked where the keyboard was, defendant told her he hid it because he “[did not] want [her] using that computer.” Defendant testified prior to the removal of the keyboard, Matticks had full use of the computer. Next to the computer, defendant kept a Post-it note listing all passwords attached to accessing the computer, which defendant did not take down when he removed the keyboard.

On October 20, 2008, defendant noticed Matticks’s behavior was “aggressive” and “irrational,” which led defendant to believe Mat-ticks was drunk. At one point, Matticks made inappropriate comments to two workers repairing the septic tank. To “calm her down,” defendant took Matticks out to lunch. While in the car after picking up food, Matticks turned off the radio. Defendant turned it back on, which prompted Matticks to throw an unwrapped cheeseburger in defendant’s face. When defendant and Matticks arrived home, Mat-ticks again confronted defendant about the objectionable material on the computer and then hit defendant in the face with her fist. Defendant left the house and returned approximately an hour and a half later, hoping Matticks had “sobered up.” As defendant lay on the sofa, Matticks approached him from behind and again struck him with her fist, breaking defendant’s glasses. Defendant recalled telling Mat-ticks, “ ‘This is over. I want you out of here tonight,’ ” to which Mat-ticks responded, “ ‘Okay. That’s fine. Bring my stuff up out of the basement.’ ”

While defendant moved Matticks’s boxes out of the basement, Matticks picked up the hand truck defendant was using to move the heavier boxes and threw it at defendant, hitting defendant and knocking him to the ground. Matticks informed him she was calling 9-1-1. Defendant did not object to calling the police but asked Matticks not to use the cellular phone issued to defendant by his employer. When Matticks refused, defendant grabbed the phone and handed her his personal cellular phone. In the 45 minutes between Matticks’s 9-1-1 call and the police’s arrival, defendant moved all of Matticks’s boxes out of the basement and stacked them inside the front door.

When the police arrived, they entered through the front door, near where defendant had stacked Matticks’s boxes. The two officers separated defendant and Matticks and conducted interviews of each in different rooms. At one point, the officer interviewing defendant left to speak with the other and with Matticks. Upon returning to defendant, the officer asked, “ ‘Tell me about the kiddie porn that’s on your computer.’ ” Defendant replied, “ T don’t know what you’re talking about.’ ” The officer handcuffed defendant and moved him into the backseat of a squad car. For approximately 15 minutes, defendant remained alone in the car, neither speaking with nor seeing either deputy or Matticks. Eventually, one officer drove defendant to the police station.

On October 21, 2008, defendant’s mother bailed him out of jail. Defendant spent the night at his mother’s house. When defendant returned home the next day, October 22, 2008, he discovered Matticks and her adult son inside his house. Matticks told defendant she “ ‘got [in] through the kitchen window.’ ” Defendant observed the blinds on the window were pulled up and the screen had been removed from the outside and propped against the front of the house. Shortly after defendant arrived home, Matticks and her son removed her things from defendant’s house and never returned. After Matticks left, defendant went into his office and noticed his computer was missing.

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Cite This Page — Counsel Stack

Bluebook (online)
932 N.E.2d 625, 403 Ill. App. 3d 398, 342 Ill. Dec. 498, 2010 Ill. App. LEXIS 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bell-illappct-2010.