People v. De La Fuente

414 N.E.2d 1355, 92 Ill. App. 3d 525, 47 Ill. Dec. 239, 1981 Ill. App. LEXIS 1973
CourtAppellate Court of Illinois
DecidedJanuary 7, 1981
Docket78-449
StatusPublished
Cited by37 cases

This text of 414 N.E.2d 1355 (People v. De La Fuente) 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. De La Fuente, 414 N.E.2d 1355, 92 Ill. App. 3d 525, 47 Ill. Dec. 239, 1981 Ill. App. LEXIS 1973 (Ill. Ct. App. 1981).

Opinion

Mr. PRESIDING JUSTICE ALLOY

delivered the opinion of the court:

The defendant, Pilar de la Fuente, appeals from convictions on two counts of armed robbery. He was convicted by a jury for the armed robbery of Senaida Perez. On defendant’s motion for severance, he was convicted in a bench trial for the armed robbery of John Stapinski. The defendant, following the convictions, was sentenced to two concurrent terms of 8 years’ imprisonment in the Department of Corrections. He was 17 years old at the time of his arrest.

Sixteen-year-old Senaida Perez and her 12-year-old cousin, Guillermo Casillas, were accosted by two men on Liberty Street near the corner of Collins in Joliet at around 7:30 p.m. on March 25, 1978. At first, the two men called to Miss Perez to give them her money. She answered that she had none. The two men then approached the young cousins. One of the men was wearing a black jacket and dark pants and the other a brown jacket, dark pants, and tinted glasses. Both men had on big hats with floppy brims and had mustaches and small beards. The area was fairly well lit. The man with the brown jacket took out a gun and demanded Miss Perez’ purse. Her cousin, Guillermo, then ran to the corner grocery store to get help. While the man in the black jacket grabbed for Miss Perez’ purse, the man in the brown jacket struck her over the head with the gun. After a struggle, the strap on the purse broke and the man in the black jacket ran down Liberty Street with the purse. The other man again struck Miss Perez on the head with the gun and fled with his companion. Miss Perez was struck a total of four times with the gun. She went to the nearby home of her aunt and called the police. Investigating officers arrived about five minutes later.

Slightly earlier that evening, at about 7:15 p.m., John Stapinski was driving north on Collins when he heard a call for help. He stopped about two blocks north of the intersection with Liberty Street and got out of his car. He was then approached by two men and a woman. One of the men pointed a gun at Stapinski’s forehead and demanded his wallet. Stapinski described the man with the gun as wearing a big hat, dark clothes and of slight build, with a small goatee. After Stapinski handed his wallet to the man, the man struck him with the gun across his left temple and ran away. Stapinski then went to the Joliet Police Station, arriving there at about 7:30 p.m.

Officer Martin Murrin, while riding in his patrol car, received a radio dispatch concerning a purse snatching in the vicinity of Liberty and Collins Streets. As he proceeded to the scene, Murrin heard a second radio dispatch describing an armed robbery which had occurred on Collins Street. A physical description of the robbers was broadcast. They were described as two male Mexicans, approximately 19 or 20 years old wearing black hats and dark clothing. One of the subjects was described as wearing a brown-colored coat and as having a mustache. Another officer, Terrence Mazur, heard the same radio calls. Officer Mazur spotted the defendant and Mario Perales at approximately 7:45 p.m., at a location four to five blocks from where the purse snatching had occurred. Officer Mazur conducted a pat search of the defendant but found no weapons. Officer Murrin then asked the defendant for some identification. The defendant took a brown wallet from his pocket, looked at it, closed it, and tucked it under his arm. He then removed a black wallet from a pocket. Officer Murrin then took both wallets. He looked inside the brown wallet and found it to contain identification belonging to John Stapinski. Officer Mazur radioed the police station and was informed that John Stapinski was there complaining he had been robbed. The officers then informed the defendant that he was under arrest. The two suspects were then brought to the home of Senaida Perez’ aunt, where both Miss Perez and her cousin, Guillermo, identified them as the men who had robbed her.

The defendant’s first contention on appeal is that the evidence of John Stapinski’s wallet should have been suppressed on the grounds that it was illegally seized. Furthermore, the defendant argues, the evidence of defendant’s arrest and identification by Miss Perez should have been suppressed because the “show-up” identification was the fruit of the arrest and the arrest was the fruit of the allegedly illegal seizure of the brown wallet.

Normally, searches conducted without judicial warrant are per se unreasonable, subject to only a few specifically established and well-delineated exceptions. (Katz v. United States (1967), 389 U.S. 347, 357, 19 L. Ed. 2d 576, 88 S. Ct. 507.) One of these recognized exceptions is search incident to a lawful arrest. (Chimel v. California (1969), 395 U.S. 752, 23 L. Ed. 2d 685, 89 S. Ct. 2034.) Another exception to the warrant requirement is found in the seizure of an item that is in the “plain view” of a law officer who has a legal right to such a view of the seized object. Both of these exceptions to the normal warrant requirement exist in this case.

A police officer may lawfully seize an article in plain view which, due to the surrounding circumstances, he has probable cause to believe constitutes evidence of criminal activity. The evidence must inadvertently come into the officer’s view, and there must exist exigent circumstances which would make it impractical to obtain a warrant. (People v. Pakula (1980), 89 Ill. App. 3d 789, 411 N.E.2d 1385, 1389-90.) That an item is in plain view is not sufficient by itself to justify the warrantless seizure of evidence but, in addition, the officer must view the evidence from a position where he has the right to be. Furthermore, the facts and circumstances known to the officer at the time he acts must give rise to the reasonable belief that the item seized constitutes evidence of criminal activity. “The test of reasonableness with respect to search or seizure is whether the facts available to the officer at the moment of seizure or search were such as to warrant a man of reasonable caution to believe the action taken was appropriate (People v. Caruso, supra; People v. Miezio, 103 Ill. App. 2d 398, 242 N.E.2d 795): and the conclusions drawn by the officer should be judged upon ‘factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’ (People v. Hester, 39 Ill. 2d 489, 514, 237 N.E.2d 466, citing Brinegar v. United States, 338 U.S. 160, lib.)” People v. Holt (1974), 18 Ill. App. 3d 10, 309 N.E.2d 376.

The decisive issue, then, is whether the officer had probable cause to reasonably believe that the wallet was evidence of criminal activity. Chronologically, the reasonableness of the officer’s act must be gauged not when he examined the wallet and found the identification of John Stapinski, as such identification was not in his view prior to a search into hidden places, but rather at the time when the wallet was first viewed. (Cf. People v. Holt (1974), 18 Ill. App. 3d 10, 309 N.E.2d 376

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

Related

People v. Bata
2023 IL App (1st) 221716-U (Appellate Court of Illinois, 2023)
People v. McBride
2012 IL App (1st) 100375 (Appellate Court of Illinois, 2012)
People v. Lampton
898 N.E.2d 680 (Appellate Court of Illinois, 2008)
People v. Ligon
847 N.E.2d 763 (Appellate Court of Illinois, 2006)
People v. Thorne
817 N.E.2d 1163 (Appellate Court of Illinois, 2004)
People v. Jones
Appellate Court of Illinois, 2002
People v. Davis
Illinois Supreme Court, 2002
People v. Johnson
Appellate Court of Illinois, 2001
People v. Elliott
Appellate Court of Illinois, 1998
People v. Dinwiddie
715 N.E.2d 640 (Appellate Court of Illinois, 1998)
People v. Tingle
665 N.E.2d 383 (Appellate Court of Illinois, 1996)
People v. Lindsay
635 N.E.2d 551 (Appellate Court of Illinois, 1994)
People v. Bradley
628 N.E.2d 257 (Appellate Court of Illinois, 1993)
People v. Flores
613 N.E.2d 1372 (Appellate Court of Illinois, 1993)
People v. Garcia
593 N.E.2d 1093 (Appellate Court of Illinois, 1992)
People v. Neither
520 N.E.2d 1247 (Appellate Court of Illinois, 1988)
People v. Ramsey
496 N.E.2d 1054 (Appellate Court of Illinois, 1986)
People v. Givens
482 N.E.2d 211 (Appellate Court of Illinois, 1985)
People v. Caserta
463 N.E.2d 190 (Appellate Court of Illinois, 1984)
People v. Columbo
455 N.E.2d 733 (Appellate Court of Illinois, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
414 N.E.2d 1355, 92 Ill. App. 3d 525, 47 Ill. Dec. 239, 1981 Ill. App. LEXIS 1973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-la-fuente-illappct-1981.