People v. Fondia

740 N.E.2d 839, 317 Ill. App. 3d 966, 251 Ill. Dec. 553, 2000 Ill. App. LEXIS 1033
CourtAppellate Court of Illinois
DecidedDecember 21, 2000
Docket4-99-1050
StatusPublished
Cited by31 cases

This text of 740 N.E.2d 839 (People v. Fondia) 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. Fondia, 740 N.E.2d 839, 317 Ill. App. 3d 966, 251 Ill. Dec. 553, 2000 Ill. App. LEXIS 1033 (Ill. Ct. App. 2000).

Opinions

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the court:

Following a stipulated bench trial in November 1999, the trial court found defendant, Jonathan L. Fondia, guilty of possession of drug paraphernalia (a Class A misdemeanor) (720 ILCS 600/3.5(a) (West 1998)). The court later sentenced him to 300 days in jail and ordered him to pay a fine. Defendant appeals, arguing that the court erred by denying his motion to suppress evidence. We agree and reverse.

I. BACKGROUND

In November 1999, defendant filed a motion to suppress evidence on the ground that the search of his person was illegal in that it violated his fourth amendment right to be protected from unreasonable searches and seizures (U.S. Const., amend. IV). At the hearing on defendant’s motion, the trial court received the parties’ stipulation to the following facts.

On September 16, 1999, Champaign police officer David Shaffer stopped a vehicle after noticing that its rear taillight was not functioning. Sharon Russell was the driver of the car, Waine Aikens was riding in the front-passenger seat, and defendant was riding in the backseat on the passenger side of the car. Shaffer requested Russell’s license and proof of insurance and told Russell the reason for the stop. After Russell provided Shaffer with the requested documents, Champaign police officer Douglas Gallagher arrived on the scene.

Gallagher spoke with defendant and Aikens, and they provided him with their identification at his request. The officers then returned to their squad cars to conduct computer inquiries and warrant checks on Russell, Aikens, and defendant. While running the check on Russell, Shaffer requested that Champaign police officer Douglas Martin and his police canine respond to their location.

Approximately two minutes later, Martin and the police canine arrived. As Martin walked the dog around the vehicle, Russell, Aikens, and defendant remained inside. When the dog reached the rear seam of the driver’s door, he alerted to the odor of illegal substances. Martin informed Shaffer of the alert. Shaffer returned to the vehicle and asked Russell to get out of the car and step to the rear. Shaffer explained to Russell that the dog had alerted and that the occupants of the vehicle and the vehicle itself would be searched. He then called in a request for Champaign police officer Elizabeth Mennenga to come to the location to search Russell. Meanwhile, the officers also asked Aikens and defendant to get out of the car, which they did.

Gallagher then informed defendant that the dog had alerted and that Gallagher was going to search him. WTien defendant responded that he did not want to be searched, Gallagher told him that he did not have the right to refuse. Gallagher then searched defendant’s person by placing his hand into defendant’s left-front pocket. Gallagher felt a metal tube and removed it from defendant’s pocket. Based on his training and experience, Gallagher recognized the tube to be a crack pipe. Gallagher then handcuffed defendant and completed the search. He found no other contraband on defendant. Gallagher performed a field test on the tube he had found in defendant’s pocket, and it indicated positive for the presence of cocaine. The other officers searched Russell’s purse and Aikens but did not find any contraband.

The parties also stipulated to the following: (1) Shaffer conducted a valid traffic stop; (2) the dog was properly trained and had a highly accurate record; and (3) the canine sniff of the vehicle was valid. On this evidence, defendant argued that the canine alert to the presence of contraband in Russell’s vehicle did not give rise to probable cause to search defendant’s person.

The trial court ruled that the canine alert gave the officers probable cause to search the vehicle and that “if there is probable cause to believe that there is an illegal item in the vehicle, then the vehicle can be searched, and all of the occupants can be searched.” Accordingly, the court denied defendant’s motion to suppress the evidence.

The court and parties then immediately proceeded to a stipulated bench trial, which incorporated the previous stipulated facts, and the court found defendant guilty of possession of drug paraphernalia and sentenced him as stated. This appeal followed.

II. ANALYSIS

Defendant argues that a police canine alert of a car’s exterior indicating the presence of a controlled substance within the car does not, without more, provide the police with probable cause to search the persons of the car’s occupants. We agree.

When the facts are not in dispute, as in this case, we review a trial court’s determination on a motion to suppress evidence de novo. People v. Buss, 187 Ill. 2d 144, 204-05, 718 N.E.2d 1, 35 (1999).

Under certain circumstances, an alert by a police canine trained to detect contraband can constitute probable cause for a search of the car. People v. Easley, 288 Ill. App. 3d 487, 492, 680 N.E.2d 776, 780 (1997). In determining whether probable cause to conduct a warrant-less search exists, a court must look to the totality of the circumstances and make a practical, commonsense decision whether a fair probability existed that an offense was committed and that the defendant committed it. People v. Pierini, 278 Ill. App. 3d 974, 979, 664 N.E.2d 140, 144 (1996). The court’s consideration is limited to the information available to the officers before the search and should focus on the factual considerations upon which reasonable, prudent people, not legal technicians, act. Pierini, 278 Ill. App. 3d at 979, 664 N.E.2d at 144.

The State argues that the canine alert in this case provided the officers with probable cause to search all of the occupants of Russell’s car.' To support its argument, the State primarily relies on this court’s holding in People v. Boyd, 298 Ill. App. 3d 1118, 1127, 700 N.E.2d 444, 450 (1998) (as did the trial court), in which we held that an officer’s detection of the odor of burning cannabis emanating from a lawfully stopped car provided the officer with probable cause to search the defendant, who was a passenger in the car. However, we deem Boyd inapposite.

The fourth amendment to the United States Constitution protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const., amend. IV The Supreme Court has spoken of the need to evaluate the search or seizure at issue in a particular case “under traditional standards of reasonableness by assessing, on the one hand, the degree to which it intrudes upon an individual’s privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests.” Wyoming v. Houghton, 526 U.S. 295, 300, 143 L. Ed. 2d 408, 414, 119 S. Ct. 1297, 1300 (1999).

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People v. Fondia
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Cite This Page — Counsel Stack

Bluebook (online)
740 N.E.2d 839, 317 Ill. App. 3d 966, 251 Ill. Dec. 553, 2000 Ill. App. LEXIS 1033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fondia-illappct-2000.