People v. Chestnut

921 N.E.2d 811, 398 Ill. App. 3d 1043, 336 Ill. Dec. 955, 2010 Ill. App. LEXIS 18
CourtAppellate Court of Illinois
DecidedJanuary 12, 2010
Docket4-09-0338
StatusPublished
Cited by14 cases

This text of 921 N.E.2d 811 (People v. Chestnut) 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. Chestnut, 921 N.E.2d 811, 398 Ill. App. 3d 1043, 336 Ill. Dec. 955, 2010 Ill. App. LEXIS 18 (Ill. Ct. App. 2010).

Opinions

JUSTICE KNECHT

delivered the opinion of the court:

In January 2008, the State charged defendant, Warren D. Chestnut, with one count of possession of a controlled substance (720 ILCS 570/402(c) (West 2008)) and one count of possession of a controlled substance with intent to deliver (720 ILCS 570/401(c) (West 2008)). Later that month, defendant filed a motion to quash arrest and suppress evidence, alleging defendant’s search and seizure were illegal because the arresting officers lacked a reasonable suspicion of criminal activity. The trial court granted the motion, finding the officers had no reasonable suspicion defendant was engaged in criminal activity when he approached a residence during execution of a search warrant.

On appeal, the State argues the trial court erred by quashing defendant’s arrest and suppressing evidence. We disagree and affirm.

I. BACKGROUND

On January 15, 2008, police officers Troy Wasson and John Thompson assisted in executing a search warrant at 422 Jewel Street in Danville based on reports of drug activity occurring within the residence. At the March 2008 hearing on defendant’s motion to quash arrest and suppress evidence, only Wasson and defendant testified.

Wasson testified police originally arrived at the residence to execute an active arrest warrant on one of the residents. After police “made contact with the residence,” they obtained a search warrant. Police arrested individuals inside the residence “pursuant to the warrant,” but Wasson did not specify any details of those arrests other than stating the target of the original arrest warrant was not present at the residence. (The search warrant is not part of the record on appeal.)

During the search of the residence, Wasson and Thompson worked as “security,” “preventing anybody from entering the actual residence of the home where other agents were conducting a search [ ] and interviews of whoever was inside the residence.” Wasson was not in uniform and had his badge hidden under his coat. Wasson believed Thompson was uniformed but was not certain. From the outside, nothing indicated a police presence on the property.

Because Wasson and Thompson were assigned security detail, they remained outside on the residence’s front porch. The porch was enclosed; had a door and windows; and was “small,” measuring “[8] feet or so by maybe 10.” At some point, the doorbell rang. Wasson did not recall whether this occurred before or after the search warrant had been signed. Wasson opened the door and stepped outside while defendant walked past him onto the porch. Wasson did not speak to defendant during this time. Initially, Wasson walked off the porch and partially down the sidewalk but later came up from behind defendant while defendant and Thompson remained on the porch, shaking hands and “chatting.”

When Wasson and Thompson informed defendant they were police officers conducting a drug investigation, defendant began acting “a little nervous.” After Wasson asked defendant why he was at the residence and whether he possessed any illegal drugs or narcotics, Wasson observed defendant “looking around” and starting “to unzip his coat like he was going to take his coat off.” (The record before us does not reflect whether defendant answered Wasson regarding the reason for defendant visiting the residence.)

Defendant’s behavior led Wasson to believe defendant “might be either getting ready to run[ ] or flee.” At this point, Wasson believed defendant was not free to leave because (1) Wasson suspected him of criminal activity based on defendant “show[ing] up and walk[ing] right into the residence, as if he knew the resident[ ] or maybe the activity that was going on” and (2) Wasson and Thompson wanted “to identify [defendant] and what his reasons were for being at that residence.” Wasson did not expressly inform defendant whether he was permitted to leave.

Defendant informed Wasson he possessed no drugs. Thompson repeated the same question, and defendant again responded “no.” Thompson then asked if he could search defendant, and defendant consented.

During the hearing, defense counsel questioned Wasson as to whether the purpose of searching defendant involved weapons. The following exchange occurred:

“Q. When you said you thought maybe there was a weapon underneath [defendant’s] jacket, did you do a pat-down?
A. I never said that I thought there was a weapon under there. I said there was something hidden or concealed under his jacket.
Q. Did you do a pat-down?
A. I did not, no.”

Later, the prosecutor inquired as follows:

“Q. With regard to the issue of the weapon, you indicated that when [defendant] started to unzip [his jacket], *** a discussion [occurred during this hearing] about the possibility of a weapon. At that point, did you *** have some concern about the presence of a weapon or your safety?
A. Safety, yes; based on the fact that something could have been hidden under the jacket. I mean, there was nothing to indicate that there was[; it was] just a safety precaution, we wouldn’t want a whole lot of people going in[to] their jackets while we are speaking to them.”

Defense counsel then questioned Wasson as follows:

“Q. *** When Sergeant Thompson asked for consent to search [defendant], that was to locate drugs?
A. *** [H]e asked if [defendant] had any illegal drugs on him. That consent was to search for drugs, yes.
Q. Not a weapon?
A. I don’t know. I cannot testify for Sergeant Thompson, what his intentions were when he asked [defendant] that.”

Thompson did not testify. At the hearing, the prosecutor stated further testimony from Thompson was unnecessary because the State agreed to stipulate defendant never received Miranda warnings (see Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966)).

Defendant testified briefly at the hearing, stating Wasson “let [him] in” through the door leading to the front porch. When asked why he visited the residence at 422 Jewel on the day in question, defendant responded, “I was there to pick up — well, I was getting high at the time.”

According to defendant’s motion to quash arrest and suppress evidence, Thompson recovered United States currency and a bag of crack cocaine from inside defendant’s right front pocket. A later search recovered “additional items of controlled substances.” Thompson and Wasson arrested defendant, and the State later charged him with one count of possession of a controlled substance (720 ILCS 570/402

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Steele
2021 IL App (4th) 210122-U (Appellate Court of Illinois, 2021)
People v. Rufus
2021 IL App (1st) 182048-U (Appellate Court of Illinois, 2021)
People v. Maldonado
2020 IL App (5th) 160394-U (Appellate Court of Illinois, 2020)
People v. Slaughter
2020 IL App (1st) 181967-U (Appellate Court of Illinois, 2020)
People v. Jones
2020 IL App (1st) 180825-U (Appellate Court of Illinois, 2020)
People v. Fields
2014 IL App (1st) 130209 (Appellate Court of Illinois, 2015)
People v. Jordan
960 N.E.2d 1253 (Appellate Court of Illinois, 2011)
People v. Leach
959 N.E.2d 680 (Appellate Court of Illinois, 2011)
People v. Byrd
951 N.E.2d 194 (Appellate Court of Illinois, 2011)
People v. Chestnut
921 N.E.2d 811 (Appellate Court of Illinois, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
921 N.E.2d 811, 398 Ill. App. 3d 1043, 336 Ill. Dec. 955, 2010 Ill. App. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chestnut-illappct-2010.