People v. Carillo

751 N.E.2d 1243, 323 Ill. App. 3d 367, 256 Ill. Dec. 406, 2001 Ill. App. LEXIS 468
CourtAppellate Court of Illinois
DecidedJune 21, 2001
Docket5-99-0512
StatusPublished
Cited by7 cases

This text of 751 N.E.2d 1243 (People v. Carillo) 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. Carillo, 751 N.E.2d 1243, 323 Ill. App. 3d 367, 256 Ill. Dec. 406, 2001 Ill. App. LEXIS 468 (Ill. Ct. App. 2001).

Opinion

JUSTICE KUEHN

delivered the opinion of the court:

Many of our penal institutions allow family and friends to visit prisoners. In order to ensure prison safety and security, the law prohibits those visitors from bringing certain things with them when they come into the penal institution (720 ILCS 5/31A—1.1(a)(1) (West 1996)). Even if those things are not brought inside, no one must leave them in a place where an inmate could potentially gain access to them. 720 ILCS 5/31A—1.1(a)(3) (West 1996). These prohibitions extend beyond penitentiaries and apply to any place that houses prisoners. 720 ILCS 5/31A— 1.1(c)(1) (West 1996).

Over the years, legislators have added to the list of items of contraband. See 720 ILCS 5/31A—1.1(c)(2) (West 1996). The list now includes a number of things that lawmakers do not want inmates to have, even though the items are perfectly legal for anyone to possess outside of a prison environment. Thus, in addition to obvious contraband like illegal drugs or firearms, visitors must refrain from bringing a host of intrinsically innocent items with them when they enter a jail or a prison.

The most notable example of items that people routinely carry with them, but must not carry into a jail or a prison, is “[electronic contraband.” 720 ILCS 5/31A—l.l(c)(2)(xi) (West 1996) (as amended by Pub. Act 89—688, eff. June 1, 1997). In order to deny prisoners the ability to freely communicate with the outside world, the legislature added devices like cellular phones, computers, and pagers to the contraband list. They can no longer be brought into a penal institution without committing a Class 1 felony offense. Additionally, legislators wanted to bring within the ambit of the law’s prohibition certain items that prisoners could easily convert into lethal weapons. Such things as broken bottles and safety flares were expressly added to the contraband list (720 ILCS 5/31A—l.l(c)(2)(v), (c)(2)(vi)(B) (West 1996)), while the term “weapon” was broadly defined to cover anything from tire irons to golf clubs (720 ILCS 5/31A—l.l(c)(2)(v) (West 1996)).

Certainly, prison visitors would know that the authorities would frown upon them entering a penal institution for a visit and bringing a tire iron or a three-iron along. However, how many visitors would give serious thought about driving onto a visitors’ parking lot with such items locked in the trunk of their car?

This is a case where a would-be prison visitor parked his car, locked four cans of beer inside, and attempted to visit an inmate. His conviction for bringing contraband into a penal institution raises the following question: Do people who enter prison grounds and park their cars on designated visitors’ parking lots violate the law by leaving contraband items, otherwise legal to possess, safely secured inside their cars during visitation?

The actions prosecuted in this case are brought within the crime’s reach by a 1983 decision of this court that equated bringing items of contraband into a penal institution with bringing those items onto prison grounds. People v. Turnbeaugh, 116 Ill. App. 3d 199, 204-05, 451 N.E.2d 1016, 1020 (1983). We must revisit that decision in light of the subsequent expansion of the contraband list. We examine the legislature’s desire to deny inmates access to contraband, mindful that under our existing interpretation most prison visitors could be prosecuted for violating the law’s prohibition. For example, the severe penalties that accompany a Class 1 felony could befall anyone who drove an automobile fitted with a built-in cellular phone onto a prison parking lot. Moreover, anyone who failed to empty a car trunk of the sundry items that prisoners could easily convert into weaponry could fall prey to a prosecution for bringing contraband into a penal institution. If driving onto prison property in a car that contains contraband constitutes the crime, a car with a trunk that contained tire irons, golf clubs, fishing knives, tools, or safety flares could not be used to visit an inmate without violating the law, even though such items, like the built-in cell phone, could not find their way into prison quarters.

Thus, we must decide what the legislature meant by bringing contraband into a penal institution, in light of the many intrinsically innocent items added to the contraband list, several of which are apt to be found in cars driven by people who want to visit inmates.

Pedro Carillo wanted to visit a cousin confined at the Shawnee Correctional Center. When he entered the prison grounds, a guard told him where to park his car. Pursuant to the guard’s directions, Carillo drove to a designated visitors’ parking lot. He parked the car, locked it, and walked toward the door where visitors had to enter the prison. Before Carillo could get to the entrance, a guard appeared and asked for permission to search his car. Carillo consented. The guard promptly discovered a paper sack in the back of the car. When he looked inside, the guard found four unopened cans of beer.

Although it is legal to possess unopened cans of beer inside a car, alcoholic liquor is an item of contraband prohibited from being brought into a penal institution (720 ILCS 5/31A—l.l(c)(2)(i) (West 1996)). Carillo was tried and convicted of the offense. He appeals his conviction. This is his position:

“[T]he statute prohibiting the bringing of contraband into a penal institution was not violated by Mr. Carillo leaving four beers on the floorboard of his car when he entered the prison visitors’ parking lot. Mr. Carillo either did not bring beer into a prison[ ] or *** was given authority to possess such innocent items by the prison providing him a place to park his car. *** However, assuming that the contraband statute was intended by the legislature to apply to a prison visitors’ parking lot, that statute is unconstitutional. Since the statute provides that it is violated upon bringing prohibited items ‘into’ the prison, Mr. Carillo reasonably believed that he was complying when he left his car to go into the prison, while leaving the prohibited item (beer) behind, locked in his car. That belief is what a person of common intelligence would conclude from reading the statute. Consequently, a contrary reading makes the statute unconstitutional. If the statute applies to a visitors’ parking lot, then it is absurd, since the list of prohibitions would, for all practical purposes, include the entire automobile, from the spring steel in the seats (handy for making shanks) to the antennae (a great start for making a zip gun). A statute which makes a car illegal to have in a parking lot is absurd and void.

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Cite This Page — Counsel Stack

Bluebook (online)
751 N.E.2d 1243, 323 Ill. App. 3d 367, 256 Ill. Dec. 406, 2001 Ill. App. LEXIS 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carillo-illappct-2001.