People v. Edward

930 N.E.2d 1077, 402 Ill. App. 3d 555, 341 Ill. Dec. 563, 2010 Ill. App. LEXIS 570
Appellate Court of Illinois·Decided June 11, 2010·No. 1-08-2607·Published·Cited by 9 cases

Opinion

PRESIDING JUSTICE TOOMIN

delivered the opinion of the

court:

In this case we determine, inter alia, whether a defendant who has been lawfully seized has a reasonable expectation of privacy in the contents of a city-owned garbage can in his possession. Following a bench trial, defendant, Vondrae Edward, was convicted of burglary and sentenced to six years’ imprisonment. He appeals, contending: (1) the trial court erred by failing to quash his arrest and suppress the evidence contained in the garbage can he possessed; and (2) the evidence was insufficient to support his conviction. For the reasons that follow, we affirm.

BACKGROUND 1

Defendant was charged by indictment with the burglary of A.C. Bailers, a retail store, and theft of personal property belonging to the owner. Prior to trial, defendant moved to suppress the evidence seized contemporaneously with his warrantless arrest, allegedly made without probable cause. Notably, the only information contained in the motion relative to defendant’s case was the date and location of his arrest. The remaining allegations of the motion consisted of boilerplate language and offer little insight into the factual basis underlying defendant’s motion.

At the hearing on the suppression motion, Officer Salgado testified that during the early morning hours of June 15, 2007, he was on routine patrol with his partner, Officer Otero, in a marked squad car. At about 2:30 a.m., they were in the vicinity of 16th Street and South Pulaski Road in Chicago. The officers were driving down Harding Street, one block east of Pulaski, when they observed defendant walking on the east sidewalk with two men. Defendant and a man named Joseph Ellis each had a hand on a City of Chicago garbage can and were pulling it down the sidewalk. Salgado described that block of Harding as a residential street. The officers had not received any calls concerning thefts or burglaries nor had they heard any alarms sounding in the area.

The officer explained, “Just based on my training, I see three individuals pulling [a] City of Chicago garbage can, I thought it was suspicious so we stopped, exited the vehicle. We approached to conduct a field interview.” Officer Salgado called defendant over to the squad car. In response, the three men separated and “pretended like they didn’t know each other.” The men began to walk away. In turn, Officer Salgado called to defendant again in a louder voice, asking him to approach the vehicle. As Salgado began to walk toward the three men, they complied with the request and approached the officers. Initially, he asked what they were doing but received no response because “they were arguing that they didn’t know each other.” The men were then taken to Officer Salgado’s vehicle, where Salgado “detained” them up against the vehicle as his partner checked the contents of the garbage can. Salgado testified that he did not have a warrant for defendant’s arrest and did not see him violating any laws.

Upon inspection of the garbage can, Officer Otero discovered clothing, with retail tags affixed. The officers called for assistance and were joined by Sergeant Graff. After being apprised of the situation, the sergeant recalled that a clothing store had recently opened nearby. Graff proceeded to that location and checked the premises. In doing so, he discovered a hole above the rear door of the store, suggesting a forced entry. Officers Salgado and Otero then conducted protective pat-downs of defendant and the other two men and transported them to the store, located approximately one block west at 1552 South Pulaski. The men were not free to leave while the officers investigated the source of the clothing. Thereafter, the owner of the store, Charles Coleman, arrived on the scene. He identified the items recovered from the garbage can as clothing sold in his store. In turn, the men were placed under arrest, separated, and removed to the police station for processing.

On questioning by the trial court, the officer explained how he knew the rolling can belonged to the City: “It’s a brown garbage can everybody has behind their house, the one that [has] the wheels with the brown lid, serial number with the City of Chicago written on it, property of.” Moreover, it was consistent with the other cans in the area and those distributed by the Department of Streets and Sanitation. Although the can contained a serial number, the officers were unable to determine its precise origin. Additionally, efforts to contact the Department of Streets and Sanitation were unavailing.

After hearing argument, the trial court determined that given the circumstances, the officers were justified in stopping the men, “If for no other reason than community care-taking responsibility of the police. It’s totally reasonable for them to stop and ask what was going on.” Moreover, the court found the defendant and his associates lacked standing to contest the officer’s inspection of the contents of the can. The judge reasoned, “People put things in garbage cans, relinquish their possession. Because they are going to the city and streets and sanitation [sic] and ultimately to the garbage dump, so it’s reasonable for the police to stop and investigate.” Furthermore, on discovering the items, which appeared brand new and still had the tags attached to them, the court found that the police acted reasonably in detaining the men “for a short period of time to determine whether a crime has been committed.” Lastly, the court observed that probable cause to arrest existed once a link was established between the clothing in the can and the forced entry to the store. Therefore, the trial court denied the motion and the matter proceeded to a bench trial.

Officer Salgado’s trial testimony mirrored what he had related on the motion to suppress. Additionally, Salgado acknowledged that his report did not indicate the men dispersed when the officers approached. According to Salgado, no burglary tools were recovered from defendant. The officers found more than 12 “new clothing items, shirts, jeans, shorts, plastic wrapping on some of the clothes with tags, retail tags on them.” After noting the serial number on the can, they placed the clothing into their squad car. The can itself was left adjacent to the sidewalk on Harding because of the “maggots and other types of bugs” inside the receptacle.

Salgado further testified that the owner of A.C. Bailers, Mr. Coleman, was notified of the incident and came to the store. Salgado indicated that it appeared “somebody kicked the wood that was above the door.” Prior to encountering defendant and the other two men, the officers had not received any calls regarding a burglary in progress. Likewise, when they arrived at A.C. Bailers, no alarm was sounding. According to Salgado, an evidence technician was called to the scene. However, he did not know whether any prints were, in fact, recovered.

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People v. Edward, 930 N.E.2d 1077, 402 Ill. App. 3d 555, 341 Ill. Dec. 563, 2010 Ill. App. LEXIS 570 (Ill. Ct. App. 2010).

930 N.E.2d 1077 (People v. Edward) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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