People v. Hobson

275 N.E.2d 272, 1 Ill. App. 3d 512, 1971 Ill. App. LEXIS 1931
CourtAppellate Court of Illinois
DecidedSeptember 10, 1971
Docket54882
StatusPublished
Cited by2 cases

This text of 275 N.E.2d 272 (People v. Hobson) 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. Hobson, 275 N.E.2d 272, 1 Ill. App. 3d 512, 1971 Ill. App. LEXIS 1931 (Ill. Ct. App. 1971).

Opinion

Mr. PRESIDING JUSTICE ENGLISH

delivered the opinion of the court:

OFFENSE CHARGED

Robbery. Ill. Rev. Stat. 1967, ch. 38, par. 18 — 1.

JUDGMENT

After a bench trial, defendant was found guilty and sentenced to a term of two to six years.

CONTENTIONS RAISED ON APPEAL

1. The identification of defendant should have been suppressed as the product of an arrest made without probable cause.

2. The trial judge, in denying the motion to suppress the identification testimony, based his conclusion on irrelevant and contradictory facts.

3. Defendant was not proven guilty beyond a reasonable doubt. OPINION

A consideration of defendant’s first contention — that there was no probable cause for the arrest — necessitates our setting out the evidence adduced at the hearing to suppress the identification testimony.

Frank Harmon

On October 21, 1968, between noon and 3:00 o’clock, defendant and a man named Tucker took some money from him. When he was robbed, he called for help, a porter came through a door, saw the robbers, and followed them. About five minutes after he was robbed, police officers brought defendant and Tucker back to the witness for identification. The police did not say anything to him when defendant and Tucker were brought to him. The witness said, “those are the fellows,” as soon as he saw them in the police car. He also identified Tucker and defendant in the courtroom.

Joseph Danzl

He is a police officer. On October 21, 1968, at about 1:45 P.M., he arrested defendant and Tucker. Thirty seconds to one minute prior to that time, a man named Benson had stopped his squad car and said that an old man “was just robbed by two colored guys.” Benson said that they had run south on Morgan, then west on Monroe, and he pointed in that direction. The witness did not think Benson said anything else. He did not remember seeing anyone on the street in the location Benson pointed to. He later testified that he saw one other colored man on the street. The first time he saw defendant and Tucker, they were standing in a doorway at 1008 W. Monroe (just around the corner from Morgan). He and his partner asked them what they were doing, and they said they were visiting a friend. When asked the name of the friend, they replied that they did not know his name, and they did not indicate which apartment they had visited. Defendant was out of breath and the witness noticed excessive perspiration on his forehead. Tucker was not out of breath. They searched the doorway for money, but did not find any. They told defendant and Tucker about the robbery and said that they wanted to bring them back to the scene to see if anyone would identify them. They escorted the two men to the squad car and placed them in the back seat. They then went to the corner of Morgan and Madison where they saw Benson who said, “those are the men that robbed the old man.” They told Benson to get Harmon, and Benson returned moments later with Harmon who identified defendant and Tucker as the men who had robbed him. The only question they asked Harmon at that time was whether he was sure, and Harmon said yes.

Robert Benson

He is a porter at the Ideal Hotel at 1005 Madison. On October 21, 1968, between 12 and 3:00 o’clock in the afternoon he was involved in an incident at the hotel. He flagged down a police car at the corner of Madison and Morgan and told the officers that a man had just been robbed in the hotel. He described the robbers to the police as two colored men, one short, wearing a car coat, and one tall, with a light tan or green jacket on. He said they were running down Morgan toward Monroe. A few minutes later the police returned with the men, asked him if he could identify them, and he did so. He then went to get Harmon and told Harmon that the police had caught the robbers. Harmon identified defendant and Tucker.

After hearing the testimony of the three witnesses set out above, the trial court denied the motion to suppress the identification testimony. Defendant contends that since the testimony of Officer Danzl indicated that the only information given to him was that the robbers were two colored men and the direction in which they had run, he could not have had reasonable grounds to believe that defendant had committed the offense; that the arrest being without probable cause, the subsequent identifications must be suppressed, citing People v. Bean, 121 Ill.App.2d 332.

The State argues, in the alternative, that there was no arrest until after Benson and Harmon identified defendant, or that, if the arrest took place prior to those identifications, the police had probable cause to make the arrest. While there is testimony in the trial record supporting the State’s argument that the initial questioning of defendant was a preliminary questioning without arrest, that evidence was not before the court when the motion to suppress was denied, and the trial court assumed that the arrest had taken place prior to the identifications. The trial court’s ruling was nevertheless correct because the evidence supported its finding that there were reasonable grounds for the arrest. Therefore, even if we were to assume that the Bean case, cited by defendant, is a correct statement of the law on the question of the suppression of identifications, we find that it would not apply to the facts in the case before us.

A peace officer may arrest a person without a warrant when “[h]e has reasonable grounds to believe that the person is committing or has committed an offense.” (Ill. Rev. Stat. 1967, ch. 38, par. 107 — 2 (c).) The Supreme Court said in People v. Jones, 31 Ill.2d 42, 46: * * while a completely satisfactory and inflexible definition of what constitutes reasonable grounds is not possible to formulate, it is generally agreed that reasonable grounds or probable cause for arrest exists if the facts and the circumstances known to the officer would warrant a prudent and cautious man in believing that the person arrested was guilty of an offense.”

In the instant case, the arresting officers were told that two colored men had just committed a robbery, and that they had run down the street and turned the corner. The officers gave chase and saw two colored men standing in a doorway just around the corner where the robbers had turned. Only one other black man was in the vicinity. When the officers questioned the men, they attempted to explain their presence by saying that they were visiting a friend in the building, but they did not remember his name, nor did they identify his apartment. One of the men was perspiring and breathing heavily. The totality of these circumstances warranted the officers’ belief that defendant and Tucker had just committed the robbery, and thus justified the arrest.

Defendant also contends that the trial court found probable cause for the arrest because of an erroneous belief that a clothing description of the robbers had been given to the police by Benson.

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Related

People v. Coleman
380 N.E.2d 829 (Appellate Court of Illinois, 1978)
People v. Attaway
354 N.E.2d 448 (Appellate Court of Illinois, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
275 N.E.2d 272, 1 Ill. App. 3d 512, 1971 Ill. App. LEXIS 1931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hobson-illappct-1971.