People v. Burks

824 N.E.2d 1064, 355 Ill. App. 3d 750, 291 Ill. Dec. 814
CourtAppellate Court of Illinois
DecidedMarch 10, 2005
Docket3—03—0162 through 3—03—0164 cons.
StatusPublished
Cited by11 cases

This text of 824 N.E.2d 1064 (People v. Burks) 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. Burks, 824 N.E.2d 1064, 355 Ill. App. 3d 750, 291 Ill. Dec. 814 (Ill. Ct. App. 2005).

Opinions

JUSTICE SCHMIDT

delivered the opinion of the court:

The defendants, Juan Burks, Romell Ratliff, and Larry Fletcher, were arrested and charged with attempted armed robbery. 720 ILCS 5/8 — 4(a), 18 — 2(a) (West 2002). Their cases were consolidated for the purpose of a motion to quash the arrests and suppress the evidence. The trial court granted the motion and suppressed the evidence on the ground that the officers did not have probable cause to arrest the defendants. The State appeals, and we reverse.

I. FACTS

At the suppression hearing, Illinois State Police Sergeant Terry Shaw testified that he had investigated a series of similar armed robberies of patrons of Harrah’s Casino in Joliet. The victims were robbed by black males who used pepper spray and some type of blunt object.

The first victim was robbed at her residence on December 18, 2001. She had been gambling in the “high stakes area” of the casino that evening. When she arrived home, she was approached by black males, sprayed with pepper spray, and robbed of her money. The second robbery occurred on December 21, 2001. Like the first victim, this victim had also been gambling in the “high stakes area” of Harrah’s. Before leaving the casino, he placed his winnings in the pocket of his jacket. Later that evening, the victim was robbed at his residence. The perpetrators approached him and asked him for his money and his wallet. The victim gave the robber his wallet, but the robbers demanded the money from the pocket of his jacket.

On February 11, 2002, another robbery occurred. The victim had been gambling in the “high stakes area” of Harrah’s and was attacked in the driveway of his home. On March 1, 2002, a fourth victim was robbed in the garage area of his residence in Downers Grove.

Two weeks later, another Harrah’s patron, Luisa Tsui, was robbed at her home after she had been gambling in the “high stakes area.” A Harrah’s videotape of Tsui was reviewed to identify any possible suspects. The tape showed a black female following Tsui throughout the casino. At one point, the suspect, Cheronder Blanchard, followed the victim into the bathroom. After reviewing the tape, several agencies initiated stationary and mobile surveillance within the casino to monitor Blanchard and any possible victims.

On the evenings of March 18 and 19, 2001, Blanchard returned to the casino. The casino monitors indicated that Blanchard positioned herself so that she could play at different tables or slot machines while she watched the entrance or exit of the “high stakes area.” Blanchard followed the potential victims out of the “high stakes area.” She then went to the parking lot and got into a black Nissan with tinted windows. On both evenings, she waited for the victims to leave the parking garage and followed them for awhile. She eventually lost sight of their vehicles. Shaw testified that Blanchard appeared to have a passenger with her in the front passenger seat of the car.

On March 22, Blanchard again returned to Harrah’s and again watched as her victim, Dillon Bates, gambled in the “high stakes area.” Shaw testified that after Bates left the casino, he took an unusual route to his apartment in Bolingbrook. Blanchard followed Bates to his apartment. As she drove into the complex parking lot, her vehicle was blocked by police squad cars. Blanchard and the defendants, along with another codefendant, were removed from the car at gunpoint and handcuffed. Blanchard’s car was searched after the defendants were arrested. A jack handle and a can of pepper spray were recovered from the passenger compartment.

On cross-examination, Shaw admitted that he did not know there were passengers in the backseat of the car when the vehicle was stopped. He also stated that there were no warrants to arrest any of the people in the vehicle.

On October 4, 2002, the trial court granted the motion to quash the arrest as to the defendants. However, the court denied the motion as to Blanchard. On October 21, 2002, the State filed a motion seeking a statement of facts supporting the ruling. On October 29, 2002, the State filed the first of two motions to reconsider. Pursuant to the State’s motions, at a November 22, 2002, hearing the judge stated that the officers had not observed the defendants do anything. They were simply passengers, and no items had been recovered from their persons. The judge noted that the jack handle and the pepper spray were recovered from inside the vehicle after the defendants were placed under arrest. The court found that the defendants were arrested without probable cause. The judge found, however, that probable cause existed to arrest Blanchard since she had been seen on camera following Bates and other intended victims out of the casino. The trial judge also denied the State’s motion to reconsider.

The State filed a second motion to reconsider. It argued that the pepper spray and jack handle should be admitted at the defendants’ trials under the doctrine of inevitable discovery since the evidence would have been legally seized as a search incident to Blanchard’s arrest. The trial judge agreed that the evidence was lawfully seized as to Blanchard but found no probable cause to arrest the defendants. The judge stated, “It is the arrest that is the problem and not necessarily the search.” The motion was denied.

II. ANALYSIS

On appeal, the State argues that the trial court erred in suppressing the evidence as “fruit of the poisonous tree” because the police had probable cause to arrest the defendants. The defendants disagree, and also contend that this court lacks jurisdiction to hear the State’s appeal. We first address the defendants’ jurisdiction argument.

A. Jurisdiction

The defendants argue that the appeal was not timely filed and, for that reason, we lack jurisdiction.

A motion for reconsideration of a suppression order is an appropriate means for directing the attention of a trial judge to a claim of error and may be filed within 30 days of the entry of the order being challenged. People v. Van Matre, 164 Ill. App. 3d 201, 517 N.E.2d 768 (1988). When such a motion for reconsideration has been seasonably filed, the time for appeal does not commence until that motion has been denied. Van Matre, 164 Ill. App. 3d 201, 517 N.E.2d 768. The State then has 30 days to appeal that decision, as specified by Supreme Court Rule 606(b) (188 Ill. 2d R. 606(b)).

In this case, the State first moved for reconsideration and for a statement of facts supporting the October 4, 2002, suppression order within 30 days of its entry. Pursuant to the State’s motions, the court stated its findings of fact for granting the motion and reaffirmed its decision at a November 22, 2002, hearing. It was on this date that the clock began to run on any State appeal. See Van Matre, 164 Ill. App. 3d 201, 517 N.E.2d 768. The State failed to file a timely notice of appeal prior to the December 22, 2002, deadline prescribed by Rule 606(b).1

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Bluebook (online)
824 N.E.2d 1064, 355 Ill. App. 3d 750, 291 Ill. Dec. 814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burks-illappct-2005.