People v. Crane

614 N.E.2d 66, 244 Ill. App. 3d 721, 184 Ill. Dec. 865
CourtAppellate Court of Illinois
DecidedMay 28, 1993
Docket1-91-1328
StatusPublished
Cited by14 cases

This text of 614 N.E.2d 66 (People v. Crane) 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. Crane, 614 N.E.2d 66, 244 Ill. App. 3d 721, 184 Ill. Dec. 865 (Ill. Ct. App. 1993).

Opinion

JUSTICE McNULTY

delivered the opinion of the court:

After a jury trial, defendant Anthony Crane was found guilty of aggravated arson and first-degree murder and sentenced to natural life imprisonment. On appeal, we consider: (1) whether there was probable cause to arrest defendant; (2) whether the trial court properly instructed the jury; (3) whether the prosecutor made improper comments during closing argument which denied defendant a fair trial; and (4) whether the trial court abused its discretion when it sentenced defendant to natural life imprisonment.

The evidence at trial revealed that on October 15, 1989, defendant and his friend Jim Valek were at William McHugh’s tavern when they decided to steal the cash register. Defendant and Valek split the money recovered from the cash register. The following day, defendant and Valek sold the register to a woman named Janette.

After learning that he was a suspect in the robbery which occurred at McHugh’s tavern, Valek bought the cash register back from Janette and threw it in the river at Kedzie and 37th Street.

On October 17, 1989, there was a fire at McHugh’s tavern and William McHugh died as a result of injuries he received in the fire. When defendant was arrested on October 31, 1989, and questioned, he initially denied any knowledge of the stolen cash register. Defendant was questioned a second time and admitted that he had taken the cash register. He was then asked about the fire and denied any knowledge. During a third conversation, defendant admitted to being present at the time of the fire but stated that it had been an accident. On November 1, 1989, defendant was interviewed by an assistant State’s Attorney and signed a handwritten statement. In the statement, defendant admitted that, after hearing rumors that he was suspected of stealing the cash register, he went to McHugh’s tavern and told McHugh that he did not steal the cash register. Defendant testified that McHugh did not believe him and slapped him in the face. Defendant stated that he pushed McHugh, who fell to the floor and spilled gas on himself. The argument over the cash register continued as McHugh lay on the floor. Defendant lit a cigarette and then threw the match down near McHugh. McHugh immediately ignited and defendant ran home.

When defendant testified at trial, he denied any knowledge of the fire or the murder of William McHugh. Defendant admitted that he stole the cash register, but claimed that the statement he made was a lie. He claimed he lied because he was afraid that the police officers were going to beat him.

Defendant’s first contention is that the trial court erred when it denied defendant’s motion to quash arrest and suppress evidence since his warrantless arrest was effected without probable cause. He claims the State did not establish that the dispatcher possessed sufficient facts to direct the arresting officers to act, and that the subsequent plain view seizure of narcotics from defendant was not sufficiently proved.

At the suppression hearing, defendant testified that on October 31, 1989, as he was leaving Jim Valek’s apartment at 3045 West 60th Place, he saw a police officer. The officer (who did not identify himself to defendant) asked defendant if his car was blocking the alley. Defendant said that it was. The officer asked defendant for identification. Defendant pulled out of his wallet the ticket that he was driving on. The officer and his partner then frisked and handcuffed him. The officers then took defendant to Valek’s apartment, searched the apartment and found a cocaine seal in the coffee table drawer. Jim Valek also testified that the officers found the cocaine seal in the coffee table drawer.

Officer Sepulveda testified that on October 31, 1989, he and Officer Graeber received an assignment from their dispatcher to look for a man wanted for robbery and arson murder. The man was described to the officers by the dispatcher as a white male, driving a blue station wagon with no front fenders. The dispatcher directed the officers to the area of 3150 West 64th Place. When the officers were unable to locate defendant’s vehicle at that address, they continued their search until they located the car at 3045 West 60th Place. The officers put the car under surveillance and waited for the driver to return. Jim Valek informed the officers that the car was defendant’s and that he would get him. When defendant came into the hallway, the officers asked for his driver’s license. Officer Sepulveda testified that when defendant opened his wallet, Officer Graeber observed a small folded packet of cocaine. Officer Graeber did not testify and Officer Sepulveda did not see the packet until Graeber began removing it from defendant’s wallet. The officers then searched Valek’s apartment but did not recover any other drugs.

Detective O’Meara testified that on October 17, 1989, he was assigned to investigate the arson and homicide that occurred at McHugh’s tavern. O’Meara spoke with Raymond Kurecki, who was a friend of McHugh. Kurecki told O’Meara that he had a conversation with McHugh shortly after the robbery. McHugh told Kurecki that one of the people who took the cash register was “Tony,” the man who used to work for McHugh. Kurecki told O’Meara that he thought the person McHugh was referring to was Anthony Crane. O’Meara testified that Kurecki told him that he knew Anthony Crane and that Crane drove a blue Datsun station wagon with a front fender missing. Kurecki later identified a photograph of defendant. After learning that defendant lived at 3045 West 60th Place, O’Meara went to that address on October 30 and 31, but he did not find defendant or the car. O’Meara testified that he never discussed his investigation with anybody else on the police force.

Based on this testimony, we find that the police lacked probable cause to arrest defendant. When officers are working in concert, probable cause can be established from all the information collectively received by the officers even if that information is not specifically known to the officer who makes the stop. (People v. Fenner (1989), 191 Ill. App. 3d 801, 584 N.E.2d 147.) Although an arresting officer may rely upon a dispatch to make an arrest even if he is unaware of the specific facts that established probable cause to make the arrest, the State must demonstrate that the officer who directed the dispatch to be issued possessed facts sufficient to establish probable cause to make the arrest. People v. Crowell (1981), 94 Ill. App. 3d 48, 418 N.E.2d 477.

Here, it is clear that O’Meara was not working in concert with the arresting officers on the investigation into the robbery or arson at McHugh’s tavern. While O’Meara had knowledge that defendant may have been involved in the robbery of McHugh’s tavern, he testified that he never told anybody he was looking for defendant, he did not direct anybody to arrest defendant, and he was not working with the officers who arrested defendant. Furthermore, there is no evidence in the record as to the source of the dispatcher’s information. It is clear, however, that the information did not come from O’Meara in light of O’Meara’s testimony that he did not tell anybody about the information he possessed on defendant’s connection with the crimes.

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Bluebook (online)
614 N.E.2d 66, 244 Ill. App. 3d 721, 184 Ill. Dec. 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crane-illappct-1993.