People v. Dale

703 N.E.2d 927, 301 Ill. App. 3d 593, 234 Ill. Dec. 827, 1998 Ill. App. LEXIS 825
CourtAppellate Court of Illinois
DecidedDecember 2, 1998
Docket5-97-0474
StatusPublished
Cited by11 cases

This text of 703 N.E.2d 927 (People v. Dale) 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. Dale, 703 N.E.2d 927, 301 Ill. App. 3d 593, 234 Ill. Dec. 827, 1998 Ill. App. LEXIS 825 (Ill. Ct. App. 1998).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In May 1996, the State charged defendant, Darrell Dale, with possession of a controlled substance with intent to deliver (15 grams or more but less than 100 grams of a substance containing heroin) with a prior conviction of possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(1)(A) (West Supp. 1995)). In July 1996, defendant filed a motion to suppress evidence obtained from the motel room in which he was staying. In September 1996, the trial court held a hearing on defendant’s motion and later denied it. In June 1997, the court conducted a stipulated bench trial, found defendant guilty of the offense, and sentenced him to eight years nine months in prison.

Defendant appeals, arguing only that the trial court erred by denying his motion to suppress evidence. We reverse.

I. BACKGROUND

At the September 1996 hearing on defendant’s motion to suppress evidence, the trial court heard testimony from defendant, the motel manager, and two of the police officers who obtained evidence from defendant’s motel room. That testimony showed the following.

On January 19, 1996, defendant was renting a room at a Decatur motel on a day-to-day basis. Motel personnel had noticed an unusually high volume of traffic in and out of defendant’s room, and the cleaning staff had observed items in the room that they suspected were related to drug trafficking. Accordingly, the motel manager decided to tell defendant he could no longer stay at the motel. Because of his concern for safety and security, the manager called the Decatur police and asked them to remove defendant from the premises.

When the police officers arrived, they knocked on the door to defendant’s room and identified themselves. Defendant let the officers enter his room and also consented to being frisked. The police found several hundred dollars in cash on defendant’s person. Defendant then consented to a search of the room, but he withdrew his consent shortly after the officers began looking around the room.

When defendant withdrew his consent, the officers informed him that the motel manager wanted him to leave. He agreed to do so. At that point, one of the officers “advised [defendant] that [the police] would stand by *** while he got his things and left the room.” Defendant made no protest.

One of the officers went to the closet, where defendant’s clothes were hanging, and started squeezing them “to make sure [they contained] no weapons or anything.” That officer took articles of clothing out of the closet and handed them to defendant, who began packing them into a paper bag.

During this process, a small, clear plastic bag containing a white powdery substance appeared on the floor at defendant’s feet. The police handcuffed defendant and conducted a field test on the substance inside the plastic bag. The test yielded a negative result.

The police then released defendant and told him that he could leave; however, they also told him that he could not take any of his belongings out of the room. After defendant left the motel, the police had the motel manager modify the door lock in such a way that only the police — and not defendant — could obtain access to the room. One officer waited in the motel lobby, while two other officers went to obtain a search warrant.

These two officers took the plastic bag containing the white powdery substance to the Decatur police headquarters, tested it again, and obtained a positive result for the presence of cocaine. The search warrant application included information about the white powdery substance and the positive test result.

Later that same day, a judge issued a search warrant, and the police executed it. From within defendant’s former motel room, they seized 16.5 grams of a substance containing heroin, electronic scales, documents that appeared to be records of drug trafficking, and some packaging material.

In May 1996, the State charged defendant as earlier stated. In July 1996, defendant moved to suppress everything that the police seized both before and during the execution of the search warrant. In September 1996, the trial court conducted a hearing on this motion and later denied it in a written order. The court subsequently convicted defendant at a stipulated bench trial and sentenced him as stated.

This appeal followed.

II. THE MOTION TO SUPPRESS

Defendant argues that because the police in this case violated the fourth amendment’s prohibition against unreasonable searches and seizures (U.S. Const., amend. IV), the trial court erred by denying his motion to suppress the evidence they obtained from the motel room. We agree.

Although defendant’s motion to suppress sought to exclude all the items seized on January 19, 1996, none of defendant’s arguments on appeal relate to the cash that the police seized during their pat-down of defendant. Accordingly, we address only those contentions relating to the drugs, scales, documents, and packaging material.

The small plastic bag that fell on the floor while defendant was packing his belongings is at the center of this appeal. Everything else that followed is a result of the officers’ discovery of that bag. Because fourth amendment protections apply to a rented motel room just as they apply to a person’s home (People v. Kozlowski, 278 Ill. App. 3d 40, 44, 662 N.E.2d 630, 633 (1996)), and motel personnel cannot waive the constitutional protections of their guests (People v. Vought, 174 Ill. App. 3d 563, 568, 528 N.E.2d 1095, 1099 (1988)), we must first examine whether the seizure of the small plastic bag complied with the requirements of the fourth amendment. We conclude that it did not. We also conclude that the police had no lawful authority to order defendant to leave all of his belongings in the motel room when he left.

A. The Small Bag That Appeared on the Floor

The State claims that the plain view doctrine applies to the police officers’ seizure and testing of the small bag that appeared at defendant’s feet while he was packing his belongings. The plain view doctrine authorizes the police to seize an item without a search warrant when the following requirements are satisfied: (1) the police view the item from a place where they are legally entitled to be; and (2) it is immediately apparent to the police that the item may be evidence of a crime, contraband, or otherwise subject to seizure. People v. Edwards, 144 Ill. 2d 108, 134, 579 N.E.2d 336, 345 (1991); People v. Watkins, 293 Ill. App. 3d 496, 502, 688 N.E.2d 798, 802-03 (1997).

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

Related

People v. McAndrew
2024 IL App (1st) 230881 (Appellate Court of Illinois, 2024)
People v. Thompson
Appellate Court of Illinois, 2003
People v. Avant
771 N.E.2d 420 (Appellate Court of Illinois, 2002)
Finsel v. Hartshorn
200 F. Supp. 2d 960 (C.D. Illinois, 2002)
People v. McArthur
Appellate Court of Illinois, 1999

Cite This Page — Counsel Stack

Bluebook (online)
703 N.E.2d 927, 301 Ill. App. 3d 593, 234 Ill. Dec. 827, 1998 Ill. App. LEXIS 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dale-illappct-1998.