People v. Hassan

624 N.E.2d 1330, 253 Ill. App. 3d 558, 191 Ill. Dec. 952, 62 U.S.L.W. 2230, 1993 Ill. App. LEXIS 1376
CourtAppellate Court of Illinois
DecidedSeptember 7, 1993
Docket1-91-0418
StatusPublished
Cited by23 cases

This text of 624 N.E.2d 1330 (People v. Hassan) 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. Hassan, 624 N.E.2d 1330, 253 Ill. App. 3d 558, 191 Ill. Dec. 952, 62 U.S.L.W. 2230, 1993 Ill. App. LEXIS 1376 (Ill. Ct. App. 1993).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

Following a jury trial, defendant Ali Hassan was found guilty of delivery of a controlled substance of less than one gram of cocaine, possession of a controlled substance with intent to deliver more than 15 grams but not more than 100 grams of cocaine, and armed violence. The trial judge sentenced defendant to 15 years in the Illinois State Penitentiary. The issues defendant raises on appeal are: (1) that the evidence discovered in his home should have been suppressed as the result of an unconstitutional, warrantless search; (2) that he was prejudiced by the trial judge’s improper refusal to allow into evidence a police tape that impeached the testimony of the arresting officers; (3) that he was denied the effective assistance of counsel; (4) that he was prejudiced by the State’s failure to produce a copy of the contingency fund voucher prior to trial; and (5) that he was prejudiced by improper statements made to the jury by the trial judge and the prosecutor.

On August 18, 1989, at approximately 1 p.m., defendant was arrested in the middle of his front yard at 3721 South Wabash by plainclothes police officers after defendant allegedly sold a package of cocaine to an undercover officer. The officers then entered defendant’s home and, in “plain view,” discovered 104 packets of cocaine, a quantity of money and several firearms.

At the hearing on the motion to suppress, defendant first examined llena Rogers, a witness to the arrest. llena had lived across the street from defendant at 3716 South Wabash for five years. llena stated that, on August 18, 1989, at approximately 12 noon, she was standing on her front porch when she noticed two plainclothes officers enter a house at 3707 Wabash. According to llena, the house at 3707 Wabash is known to be a “crack house.” She testified that, after about five minutes, the officers exited the crack house with a woman known both as “Debra” and “Queen Bee” and walked with her to defendant’s home. One detective stood by defendant’s gate while the other walked up to defendant’s front door with Debra. The officer who walked up to the front door with Debra hid behind a garbage can next to the door. llena testified that Debra knocked on the door, then began to walk back to the end of the gate, but turned around and returned to the door to knock again.

According to llena, after Debra knocked this second time, defendant opened the door. llena stated that the officer behind the garbage can jumped from hiding and attempted to pull the door open completely while defendant struggled to close his door. The officer successfully got defendant’s door open and defendant ran out of his house. According to llena, the officers tackled him in his yard by his front gate and handcuffed him. She stated that the officer who was hiding behind the garbage can then went into defendant’s home and defendant and the other officer followed him into the house. They were in the house about 20 minutes before they left with defendant in handcuffs. llena was not cross-examined by the State.

Defendant then testified that, on August 18, 1989, at approximately 12 noon, he was lying in bed watching a soap opera when Debra knocked on his door. He stated that he knew her as the “house lady” of the crack house down the street and he told her to get out of his yard. When she started to leave, he went back to watching his soap opera. According to defendant, he did not open the door the first time she knocked and, as far as he could see, she was alone. He testified that a few moments later Debra knocked on his door again and she had $20 in her hand. He said that, as he opened the door to tell her to get out of his yard and that he was not afraid of her or her boy friend, a man jumped up from behind the garbage can and grabbed the door. Defendant testified that he was afraid they were trying to “stick me up ’cause I know they smoke cocaine,” so he tried to shut his door. The man was too strong so he “let the door go and ran out the house” toward the street. He thought that if he was going to get shot at least everybody would see it. He testified that he tried to jump the fence, but the man tackled him. Another man then walked up, put a gun to his head and said they were the police.

According to defendant, as soon as they got the handcuffs on him, the officer who had tackled him “got up and ran into the house.” Defendant and the other officer then followed. Defendant testified that he did not give the officers permission to enter his house and that the officers “tore up” his house. He stated that he was unaware of the presence of cocaine and that there were no drugs lying out in the open. He further testified that there were several guns in the house. Several he had purchased from a gun shop and two he had taken from his father’s apartment after his father died. He stated that at no time did he offer any drugs to Debra or the officer.

On cross-examination, defendant denied that he had had any other visitors at his house all morning. He also testified that he had told Debra and her friends over at the crack house not to set foot in his yard. He said that the officer who jumped out from behind the garbage can did not identify himself. Since the man appeared to be with Debra, defendant assumed he was going to rob him.

Officer Linden Franco was called by the State and testified that, on August 18, 1989, at approximately 12:30 p.m., he and his partners, Michael Jamison and Officer Strickland, were investigating an anonymous informer’s tip that a light-skinned black male wearing a blue silk shirt was selling narcotics out of a house at 3721 South Wabash. Franco stated that they set up surveillance and witnessed several people walk up to the house and exchange money for a small package which was given to them through the door by a man fitting the description given by the informer. Franco then identified defendant as the man who was selling the small packages.

Franco stated that he returned to the station to obtain $15 in “contingency fund money” in order to attempt to make a drug buy. He testified that he returned to 3721 South Wabash and knocked on the door. He noticed a black women whom he had never seen before standing on the porch when he arrived. He stated that defendant asked him what he wanted and he responded “what you got?” According to Franco, defendant answered “I got that girl, she going for $15.” Franco said that he interpreted defendant’s statement to mean that he was selling cocaine for $15 and so he gave defendant the contingency fund money. He testified that defendant closed and locked the door, but that he could see defendant walk back to the bar. According to Franco, he could clearly see numerous small plastic bags with white powder in them on the bar. He stated that defendant picked up one of them, returned to the door, and handed it to him. Franco testified that he then announced that he was a police officer and attempted to grab defendant’s wrist. Defendant attempted to pull away and close the door, but Franco was too strong. Defendant pushed the door open, therefore, and ran by Franco into the front yard. Franco stated that he grabbed defendant as he was trying to scale the fence. The other officers then arrived and defendant was placed under arrest.

According to Franco, they then proceeded to enter defendant’s home, where they recovered 104 small plastic bags of cocaine and a quantity of money off the bar.

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Cite This Page — Counsel Stack

Bluebook (online)
624 N.E.2d 1330, 253 Ill. App. 3d 558, 191 Ill. Dec. 952, 62 U.S.L.W. 2230, 1993 Ill. App. LEXIS 1376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hassan-illappct-1993.