People v. Davis

491 N.E.2d 1285, 142 Ill. App. 3d 630, 96 Ill. Dec. 825, 1986 Ill. App. LEXIS 2095
CourtAppellate Court of Illinois
DecidedMarch 31, 1986
Docket82—2460, 82—2477 cons.
StatusPublished
Cited by14 cases

This text of 491 N.E.2d 1285 (People v. Davis) 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. Davis, 491 N.E.2d 1285, 142 Ill. App. 3d 630, 96 Ill. Dec. 825, 1986 Ill. App. LEXIS 2095 (Ill. Ct. App. 1986).

Opinion

JUSTICE McGILLICUDDY

delivered the opinion of the court:

Following a jury trial, defendants A1 Davis and Bobby Jean Parker were each convicted of murder, armed robbery and burglary. Davis was sentenced to concurrent terms of 40 years for murder, 30 years for armed robbery and seven years for burglary. Parker was sentenced to concurrent terms of 24 years for murder, 24 years for armed robbery and five years for burglary. Both defendants appeal. Davis contends that: (1) the trial court erred in denying his motion to quash arrest and suppress evidence where he was detained in violation of his fourth amendment rights; (2) his oral and written statements were obtained in violation of his fifth amendment rights; (3) physical evidence obtained with Parker’s consent to search their apartment should have been suppressed at trial; (4) the trial court erred in denying Davis’ motions for severance and (5) he was denied his right to a fair trial by improper prosecutorial comment during closing argument. Parker contends that: (1) the trial court erred in denying her motion for appointment of separate counsel; (2) the trial court erred in denying her motion to suppress pretrial statements obtained without a valid Miranda waiver and (3) the trial court committed reversible error during the jury selection process when it advised a prospective juror that defendant might not testify at trial.

On January 2, 1981, Frank Collins was found murdered in his apartment-hotel room at 3750 North Broadway in Chicago. The police began an investigation, and late on the evening of January 10 three officers knocked on Davis’ open door. Davis invited them in and was questioned about the murder of his neighbor, Collins. Davis was shown a group of black and white photos, two of which he identified as “Nino” and “Bob.” He stated that they had robbed Collins previously and suggested they might be involved in the murder. The officers talked to Davis and Parker for approximately 10 minutes.

The police officers then asked Davis to accompany them to Area Six Headquarters to pursue the investigation. He agreed to go with them. When they arrived at the station, Davis was taken to a small interview room and questioned for about 15 minutes. The officers then informed Davis they were going off duty and asked him to wait to talk to the next shift of investigators. He agreed, and the officers notified the first watch and asked them to continue the investigation. Davis spent the night at the station.

At 9:30 the following morning, two other detectives went to talk to Davis. Davis told them he had not been home on the night of the murder and that Nino and Bob had told him they killed Frank Collins. At about 11 a.m., the detectives left to corroborate Davis’ story. They told him they were going to talk to his wife and bring back something to eat.

The detectives arrived at Davis’ apartment and questioned Parker for 5 or 10 minutes about the events of December 31. They then returned to the Area Six interrogation room and advised Davis of his fifth amendment rights. Davis stated that he understood his rights and indicated he would talk to the detectives. The detectives reviewed with him the discrepancies between his story and Parker’s. Davis asked for 5 to 10 minutes to “put his head together.” The detectives left the interrogation room and returned after a short time and re-advised Davis of his constitutional rights. Davis then discussed his involvement in the crime, stating that Nino and Bob asked him to help them get into Collins’ apartment and promised him a share of the proceeds.

The police officers contacted an assistant State’s Attorney who arrived at the station shortly before 4 p.m. He gave Davis his Miranda warnings, and Davis talked to him about the murder. Davis subsequently gave a tape-recorded statement which was later typed. Davis signed each page of the typed statement and signed his name at the end.

Parker arrived at Area Six Headquarters at approximately 6 p.m. on January 11 in response to a phone call from Davis. She was accompanied by her small child and a friend. Parker asked to see Davis, was told she could not and was told to wait in an interview room. Three detectives arrived to talk to her. They told her Davis had implicated himself in the murder and advised her of her Miranda rights. When asked when she knew about the murder, Parker told the officers that Davis, Nino and Bob left her apartment with a pipe to go to Collins’ apartment and returned shortly thereafter with a gun, some money and food. She told the officers she also had a microwave oven from Collins’ room at her apartment. The officers asked if they could get it and whether she would sign a consent to search her apartment. She agreed and the officers, Parker, her child and her friend proceeded to the apartment. There, the officers had another conversation with her wherein she indicated that she stood in the hallway as a lookout while the three men were in Collins’ apartment. She then accompanied the detectives to her friend’s apartment on a lower floor and asked her friend to give them the oven. The friend complied, and Parker asked her to take care of her child when she returned to the police station.

Upon her return to the station at about 8 p.m., Parker was re-advised of her rights, which she indicated she understood. She then told the officers that Nino and Bob were made up, that she stood in the victim’s apartment while Davis struck the victim several times on his back and head and that Davis went through Collins’ pockets for a gun and money while she took other items out of the room. Parker indicated that Davis had forced her to accompany him. Parker was questioned until 1:30 a.m.

At approximately 4 p.m. the following afternoon, Parker was interviewed again after being re-advised of her Miranda rights. She said that she went into Collins’ • room with Davis and took property from his room back to her apartment. An assistant State’s Attorney was contacted and arrived at the station at approximately 10 p.m. He advised Parker of her constitutional rights, and she stated she was in Collins’ room with Davis and took property from his dresser. She also stated that Nino and Bob were fictional characters. Parker refused to give a written statement because she did not want to sign anything. The jury found both defendants guilty of murder, armed robbery and burglary.

Davis’ first argument on appeal is that denial of his motion to quash arrest and suppress evidence was manifestly erroneous where his detention was illegal. He maintains that he was taken from his home and held for 14 hours without probable cause before he admitted participation in the murder.

Custodial interrogation on less than probable cause violates the fourth amendment whether or not the detention has the technical trappings of a formal arrest. (Dunaway v. New York (1979), 442 U.S. 200, 60 L. Ed. 2d 824, 99 S. Ct. 2248.) In further support of his position, Davis relies on those Illinois cases in which the courts have determined that a defendant was in custody despite assertions of the police to the contrary. (See, e.g., People v. McMahon (1980), 83 Ill. App. 3d 137, 403 N.E.2d 781; People v. Dowdell (1980), 81 Ill. App. 3d 266, 401 N.E.2d 295, cert. denied (1980), 449 U.S. 974, 66 L. Ed. 2d 236, 101 S. Ct. 385.) In particular, Davis cites People v.

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

Related

People v. Washington
842 N.E.2d 1193 (Appellate Court of Illinois, 2006)
People v. Montgomery
704 N.E.2d 816 (Appellate Court of Illinois, 1998)
People v. Prince
Appellate Court of Illinois, 1997
People v. Robinson
603 N.E.2d 25 (Appellate Court of Illinois, 1992)
Davis v. Lane
976 F.2d 735 (Seventh Circuit, 1992)
People v. Woodson
581 N.E.2d 320 (Appellate Court of Illinois, 1991)
People v. Lucy
562 N.E.2d 1158 (Appellate Court of Illinois, 1990)
People v. Crane
554 N.E.2d 1117 (Appellate Court of Illinois, 1990)
People v. Franklin
512 N.E.2d 1318 (Appellate Court of Illinois, 1987)
People v. Jackson
495 N.E.2d 1207 (Appellate Court of Illinois, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
491 N.E.2d 1285, 142 Ill. App. 3d 630, 96 Ill. Dec. 825, 1986 Ill. App. LEXIS 2095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-davis-illappct-1986.