People v. Cole

874 N.E.2d 81, 369 Ill. App. 3d 960, 314 Ill. Dec. 171, 2007 Ill. App. LEXIS 8
CourtAppellate Court of Illinois
DecidedJanuary 9, 2007
Docket4-05-0672
StatusPublished
Cited by29 cases

This text of 874 N.E.2d 81 (People v. Cole) 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. Cole, 874 N.E.2d 81, 369 Ill. App. 3d 960, 314 Ill. Dec. 171, 2007 Ill. App. LEXIS 8 (Ill. Ct. App. 2007).

Opinion

JUSTICE MYERSCOUGH

delivered the opinion of the court:

In June 2005, after a stipulated bench trial, the trial court found defendant, Ronald R. Cole, guilty of unlawful possession of 100 grams or more but less than 400 grams of cocaine (720 ILCS 570/402(a)(2)(B) (West 2004)). In August 2005, the court sentenced defendant to 12 years’ imprisonment. Defendant appeals, arguing the court erred in denying his motion to suppress evidence. We agree and reverse.

I. BACKGROUND

On February 7, 2005, the State charged defendant with (1) unlawful possession with intent to deliver 100 grams or more but less than 400 grams of a substance containing cocaine (count I) (720 ILCS 570/ 401(a)(2)(B) (West 2004)); (2) unlawful possession with intent to deliver 15 grams or more but less than 100 grams of a substance containing cocaine (count II) (720 ILCS 570/401(a)(2)(A) (West 2004)); (3) unlawful possession of 100 grams or more but less than 400 grams of cocaine (count III) (720 ILCS 570/402(a)(2)(B) (West 2004)); and (4) unlawful possession with intent to deliver 30 grams or more but less than 500 grams of cannabis (count IV) (720 ILCS 550/5(d) (West 2004)). On March 16, 2005, defendant filed a motion to suppress evidence.

On May 2, 2005, the trial court held a hearing on defendant’s motion to suppress. Defendant called Nicholas Hiland to testify. Officer Hiland testified he had been employed by the Quincy police department since September 2004. On February 4, 2005, Officer Hiland stopped a four-door maroon vehicle driven by defendant on the basis that “[t]he vehicle had an obstructed vision.” The obstruction was the sole traffic violation Officer Hiland observed.

When asked the statutory authority for the traffic stop, Officer Hi-land testified as follows:

“The regulation of the obstructed vision. I cannot state word-for-word, but I do know the exact law. It is anything hanging between the driver, hanging or suspended between the driver and the front windshield.”

When presented with a copy of the statute (625 ILCS 5/12 — 503(c) (West 2004)), however, Officer Hiland agreed the statute required the item “materially obstruct” the driver’s vision but still insisted that the law prohibited anything hanging between the driver and the windshield:

“Q. [(By DEFENSE COUNSEL):] Okay. So, the Illinois state rule is that the item must materially obstruct the vision; correct?
A. That’s how the statute reads.
Q. Now, would you agree with me, there can be obstructions that are not material?
A. Sir, I enforce the statute. In my previous vehicle stops, I have stopped vehicles with small items to large items. I enforce the statute. I do not sit in my vehicle and decide what is what. I enforce the statute, sir. That’s my job.
Q. So, do you stop every vehicle that has something hanging between the driver and the windshield?
A. Yes, sir. If I can get a vehicle stopped, I do stop every vehicle.
Q. Is that your understanding of what Illinois law prohibits?
A. Yes, sir.
Q. In your opinion, the Illinois law prohibits anything hanging between the driver and the windshield, whether or not it is a material obstruction?
A. It reads in the statute, sir, pretty clear.
Q. Okay. That’s your opinion of the statute, is that the statute does not allow anything hanging in between the window, windshield and the driver?
A. Yes.”

Officer Hiland had never had any training about what constitutes a material obstruction.

According to Officer Hiland, the item hanging from the rearview mirror that day was a strand of beads, which was admitted into evidence. Officer Hiland testified the beads were “hanging straight down from his windshield.” He could not state exactly how far the beads hung down but believed it was more than two inches. Officer Hiland did not know the diameter of the beads. He testified that an air freshener would be smaller than the beads.

After stopping defendant’s vehicle, Officer Hiland informed defendant that if everything checked out with his license, Hiland would issue defendant a written warning. After reviewing the videotape (which was played for the trial court but not admitted into evidence and, therefore, not contained in the record on appeal), Officer Hiland testified that during the stop, he told defendant it was illegal to have anything between the rearview mirror and the windshield. Officer Hiland also agreed, after reviewing the videotape, that he told defendant “it was really no big deal” and he was going to issue a warning.

Officer Hiland asked defendant for his driver’s license as he typically did for every stop he conducted. Officer Hiland “ran the number” and learned defendant’s Indiana license was suspended, and defendant had no valid Illinois driver’s license. Officer Hiland arrested defendant and searched him. Officer Hiland found $3,000 cash on defendant’s person. After Officer Hiland secured defendant in the back of his patrol car, he searched the interior of defendant’s vehicle. Officer Hi-land found cellular phones and a small amount of marijuana.

Officer Hiland then called his sergeant to confirm whether he could open the trunk of defendant’s car. Upon searching the trunk, Officer Hiland found cocaine.

On cross-examination, Officer Hiland testified he found approximately 100 grams of cocaine in the trunk, approximately 28.6 grams of cannabis in the trunk, and about 9.6 grams of marijuana in the backseat.

Upon questioning by the trial court, Officer Hiland explained that he was driving behind defendant’s vehicle when he observed the beads hanging down from the rearview mirror in a single strand. When asked whether the beads extended as low as defendant’s eyes, Officer Hiland replied, “[y]es.”

On redirect by defense counsel, Officer Hiland testified as follows about why he stopped defendant’s vehicle:

“Q. Would you, did you stop because the beads were actually an obstruction or because they were just a violation of the law?
A. No.
Q. As you read it?
A. I stopped him because they were an obstruction.
Q.

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Cite This Page — Counsel Stack

Bluebook (online)
874 N.E.2d 81, 369 Ill. App. 3d 960, 314 Ill. Dec. 171, 2007 Ill. App. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cole-illappct-2007.