People v. Bradford

607 N.E.2d 625, 239 Ill. App. 3d 796, 180 Ill. Dec. 556, 1993 Ill. App. LEXIS 45
CourtAppellate Court of Illinois
DecidedJanuary 21, 1993
Docket4-92-0416
StatusPublished
Cited by20 cases

This text of 607 N.E.2d 625 (People v. Bradford) 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. Bradford, 607 N.E.2d 625, 239 Ill. App. 3d 796, 180 Ill. Dec. 556, 1993 Ill. App. LEXIS 45 (Ill. Ct. App. 1993).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

Following a jury trial conducted in the circuit court of McLean County, defendant Ronnie A. Bradford was found guilty of unlawfully possessing less than 15 grams of a substance containing cocaine and unlawfully possessing with the intent to deliver more than one gram but less than 15 grams of a substance containing cocaine, both offenses occurring on August 11, 1991. (Ill. Rev. Stat. 1989, ch. 56½, pars. 1402(b), 1401(b)(2).) Defendant was sentenced to serve a term of imprisonment of 15 years for possession with the intent to deliver.

On appeal, defendant raises the following issues: (1) whether the trial court’s refusal to suppress as evidence cocaine and other items found in a coin purse in the trunk of a car driven by him at the time of his arrest, which discovery was made pursuant to a legitimate inventory search of the vehicle, was manifestly erroneous; (2) whether the trial court’s evidentiary rulings regarding evidence that the cocaine belonged to a person named Felicia Myrick, including the refusal to allow into evidence Myrick’s inculpatory statement and evidence of her disappearance, constituted an abuse of discretion and deprived him of an opportunity to present his defense; and (3) whether he was not proved guilty of possession with intent to deliver beyond a reasonable doubt since only a small amount of cocaine was found and that amount did not support an inference of an intent to deliver. We affirm.

The first issue to be considered concerns the refusal to suppress the evidence. The cocaine was discovered as a result of an inventory search. The defendant does not challenge the legality of the inventory search in general, but focuses on the propriety of the officer opening a coin purse discovered in the trunk of the car in order to inventory the items in the purse. It is not argued by defendant that the inventory search was a ruse to discover incriminating evidence.

The coin purse would be expected to contain money or other items of value. Among the purposes for an inventory search are to protect the owner’s property and to protect the police from false claims of lost or stolen property. (People v. Clark (1976), 65 Ill. 2d 169, 174, 357 N.E.2d 798, 800.) In light of the nature of the search and the characteristics of the coin purse, the police officer in this case acted properly in opening the purse and inventorying its contents. (Florida v. Wells (1990), 495 U.S. 1, 4, 109 L. Ed. 2d 1, 6, 110 S. Ct. 1632, 1635; Colorado v. Bertine (1987), 479 U.S. 367, 372-75, 93 L. Ed. 2d 739, 746-48, 107 S. Ct. 738, 741-43.) At the hearing on the motion to suppress, McLean County deputy sheriff Vickie Schaefer testified she conducted the inventory search pursuant to departmental regulations and training which require that all containers in which valuables could be contained are opened and the contents are inventoried. According to Schaefer, this is done in every inventory search. When she discovered the coin purse, Schaefer shook the purse to determine if there was money or other items of value in it. It rattled, so she proceeded to open it to determine if it contained anything of value. Since it can be inferred from this testimony that the purse was not a locked container, but could be easily opened, it was proper for Schaefer to open it and inventory its contents in order to protect the owner’s property and to protect herself and other officers from false accusations of theft or claims of missing property.

The burden of proving the unlawfulness of a search and seizure at a hearing on a motion to suppress rests on the defendant, and the reviewing court will not disturb the trial court’s ruling on the motion to suppress unless that ruling is contrary to the manifest weight of the evidence. (People v. Janis (1990), 139 Ill. 2d 300, 308, 565 N.E.2d 633, 637.) The trial court’s denial of the motion to suppress in this case is not against the manifest weight of the evidence.

The next issue addressed is whether the evidence presented was sufficient to prove defendant guilty beyond a reasonable doubt. The elements of the offense which must be proved are (1) that the defendant knew of the presence of the controlled substance, (2) that the controlled substance was within the immediate control or possession of defendant, and (3) defendant had the intent to deliver the controlled substance. (People v. Newman (1991), 211 Ill. App. 3d 1087, 1093, 569 N.E.2d 1089, 1092-93.) The only element of the offense which defendant challenges as not having been proved beyond a reasonable doubt is the intent to deliver. Defendant suggests the small quantity of cocaine found in the trunk of his car did not support an inference of intent to deliver. It was stipulated that the officer found 1.3 grams of off-white chunks, 1.1 grams of which a forensic scientist analyzed and found to be cocaine.

As a matter of public policy, the possession of as little as one gram of a substance containing cocaine will support a conviction for the possession of cocaine with the intent to deliver. (Ill. Rev. Stat. 1989, ch. 56½, par. 1401(b)(2).) Furthermore, the amount of cocaine is not the sole evidentiary basis for inferring intent to deliver. The manner in which the controlled substance is kept or packaged and the presence of drug trafficking paraphernalia can also support such an inference. People v. McDonald (1992), 227 Ill. App. 3d 92, 99-100, 590 N.E.2d 1003, 1009; People v. Romero (1989), 189 Ill. App. 3d 749, 756, 546 N.E.2d 7, 11.

In the passenger compartment of the automobile, Schaefer found a cellular telephone and a programmable scanner. She testified such scanners are set to radio frequencies to allow persons to listen to radio transmissions. Schaefer determined the scanner was set to the radio frequency used by the Bloomington, Illinois, police department and may also have been set to the frequency used by the Normal, Illinois, police department. In the trunk, she found three clear ziplock baggies, probably inches by IV2 inches in size, which contained smaller, yellow ziplock baggies estimated to be one-half inch by three-quarters inch in size. Based on her experience and training, the little yellow ziplock bags are used to distribute crack and she described them as “crack bags.” She did not count the little yellow bags, but described the quantity as “more than usual.” Inside the coin purse were 8 to 10 small little yellow baggies, each containing crack, or rock cocaine.

Detective Michael Essig of the McLean County sheriff’s department also testified these baggies are normally used to package crack cocaine. In addition, he testified about defendant’s knowledge of drug trafficking between Peoria and Bloomington, Illinois.

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Bluebook (online)
607 N.E.2d 625, 239 Ill. App. 3d 796, 180 Ill. Dec. 556, 1993 Ill. App. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bradford-illappct-1993.