People v. Brown

410 N.E.2d 505, 88 Ill. App. 3d 514, 43 Ill. Dec. 505, 1980 Ill. App. LEXIS 3620
Appellate Court of Illinois·Decided September 5, 1980·No. 15901·Published·Cited by 31 cases

Opinion

Mr. PRESIDING JUSTICE MILLS

delivered the opinion of the court:

Armed robbery.

The stop, arrest, search, evidence, confessions — all suppressed.

We reverse.

For we have here a classic example of collective and cooperative police work!

Facts

The following evidence was presented at the hearing on the suppression motions. State Police Officer Thomas Yokley testified that on July 7, 1979, he received a radio message from the Springfield police department. The message said that there had been an armed robbery at the Boar’s Head Restaurant in Springfield, that the suspects were three black males with a sawed-off shotgun, that the possible vehicle was an older brown Cadillac, and that the possible route of travel would be east on Interstate 72.

While proceeding east on Interstate 72, Officer Yokley overtook a late model brown Cadillac. The officer noted two black males inside. The Cadillac’s driver was not violating any traffic laws. According to the officer, a car leaving the Boar’s Head 15 minutes earlier would have been in this general area.

The officer pulled the Cadillac over to the side of the road. On cross-examination, Yokley testified that he did not have the intent to arrest any of the occupants when he initially stopped the vehicle, but was merely checking the car based on the radio dispatch. He did not know definitely whether a car had been involved in the robbery. He stated that at this point he did not have reason to arrest them.

As the officer left his vehicle, he saw a head in the rear seat of the car bob up and down. There were actually three black males in the car. Officer Yokley then drew his weapon and ordered the occupants to lie down on the shoulder of the road. Officer Yokley admitted that the defendants were probably under arrest at this time, because they could not go anywhere. During final argument, the State conceded that the court would consider the defendants to be under arrest at this point.

Officer Yokley stated that he ordered the defendants out of the car because he feared for his safety. He then searched the defendants’ car and discovered a typewriter case, a sawed-off shotgun, small and large envelopes, and a blue money bag containing United States currency. The defendants were told that they were under arrest, advised of their rights, and transported to the Springfield police department.

At the station, each defendant admitted his participation in the armed robbery and defendant Brown said that he owned the vehicle involved.

Much of the hearing focused on the origins of the Springfield police department radio message. Springfield Officer Huber testified that he told the dispatcher to relay the message. In formulating the message, he relied upon three sources of information: (1) the original report that there had been a robbery at the Boar’s Head, (2) information received that evening from Officer Daley, and (3) information received two weeks earlier from Officer Palazzolo.

Officer Daley had told Officer Huber that a brown or brownish-green Cadillac might have been involved in the Boar’s Head robbery. Officer Daley admitted that he had no personal knowledge that any vehicle was even used at the Boar’s Head.

All information that Officer Daley relayed to Officer Huber was based on data that he had received from Sergeant Palazzolo about a week before. Officer Daley testified that Palazzolo told him of some other armed robberies. These robberies had involved a brown Cadillac and black male suspects.

Officer Huber had also received some general information from Officer Palazzolo, about 10 to 14 days before the Boar’s Head robbery. Palazzolo told Huber that there had been a meeting in reference to some armed robberies in different central Illinois cities. Officer Palazzolo never “exactly” informed Officer Huber of the race of the other armed robberies’ suspects. Palazzolo told Huber that different vehicles had been used in the robberies, but a brown Cadillac stuck out in Officer Huber’s mind.

Officer Palazzolo testified about the meeting held with officers from several central Illinois communities to discuss a series of armed robberies in the area. Based on the meeting, and a conversation with a Peoria detective, he told Daley that the armed robberies might involve a late model, possibly brown, Cadillac. However, at the meeting they also discussed several other vehicles. He stated that the general conception was that the suspects were black males. He also told the radio dispatcher that a large brown Cadillac, CM, Buick, or Oldsmobile might be a suspected car in any future armed robberies. Officer Palazzolo said that a brown Cadillac had been seen twice, once in East Peoria at a Pizza Hut robbery and once in either Lincoln or Bloomington. However, on cross-examination, he was shown a police report from East Peoria which said that the suspects’ vehicle in the Pizza Hut robbery was a brown Buick.

Officer Michael Cook, a criminal investigator for the city of Champaign, gave extensive testimony concerning the meeting attended by Officer Palazzolo. The purpose of the meeting was to develop a profile for the modus operand! of recent armed robberies of fast-food restaurants in the general area. On direct examination, Officer Cook said that the robberies usually occurred from 2 a.m. to 3 a.m. On cross-examination, he testified that the police reports indicated times from approximately 1 a.m. to 5 a.m. He said that the average number of perpetrators was usually three although the number did go as high as five. On cross-examination, the officer read from police reports which showed that there was a different number of perpetrators each time, ranging from one to six. Officer Cook said that revolvers and a sawed-off shotgun were believed to be the robbery weapons. Later, Cook said that there was no mention of the use of a shotgun in the reported robberies. Officer Cook said that a Peoria detective had put out a computer message requesting various agencies to be on the lookout for robberies in which a brown Cadillac was involved. At the meeting, the vehicles mentioned most often were a brown Cadillac, Oldsmobile, or Buick, or a dark or black Cadillac, in that order.. However, none of the vehicles mentioned above were positively identified as having been involved in any of the armed robberies. On cross-examination, Officer Cook admitted that his report contained a list of at least 22 different suspect vehicles. The agencies had no concrete facts indicating any particular subjects. Officer Cook compiled a report based upon the information received at the meeting. A brown Cadillac was mentioned in his report because one of the probable suspects, favored by some of the agencies, drove a Cadillac.

Officer Cook said that, based on the information given at the meeting, he would expect an armed robber to choose Interstate 72 as a likely escape route from an armed robbery occurring in Springfield.

Issues

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People v. Brown, 410 N.E.2d 505, 88 Ill. App. 3d 514, 43 Ill. Dec. 505, 1980 Ill. App. LEXIS 3620 (Ill. Ct. App. 1980).

410 N.E.2d 505 (People v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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