People v. J. A. G.

393 N.E.2d 1207, 75 Ill. App. 3d 177, 30 Ill. Dec. 860, 1979 Ill. App. LEXIS 3056
CourtAppellate Court of Illinois
DecidedAugust 9, 1979
DocketNo. 78-15
StatusPublished
Cited by3 cases

This text of 393 N.E.2d 1207 (People v. J. A. G.) 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. J. A. G., 393 N.E.2d 1207, 75 Ill. App. 3d 177, 30 Ill. Dec. 860, 1979 Ill. App. LEXIS 3056 (Ill. Ct. App. 1979).

Opinion

Mr. JUSTICE KARNS

delivered the opinion of the court:

Respondent, J. A. G., a minor, appeals from the order of the Circuit Court of St. Clair County revoking his probation. His sole contention is that his confession to committing an act of burglary, which served as the basis for the revocation, was not voluntarily made.

On May 11, 1977, the minor was adjudged a delinquent under the Juvenile Court Act and was placed on probation for two years for committing the offense of theft. On August 25, 1977, the minor confessed to burglarizing the home of Mrs. Myrtle Winter on June 24, 1977. Thereafter, the State filed a petition to revoke the minor’s probation, alleging the commission of that burglary. Respondent moved to suppress the confession, contending that he was not given his Miranda warnings prior to making the statement and further contending that he was induced to make the statement by promises of leniency. At the hearing on the motion to suppress, which motion was denied, and the subsequent revocation hearing, the following facts were presented.

* Arnold Rujawitz, a juvenile officer with the Belleville Police Department, testified that on August 24, 1977, he and Officer Digus were investigating a series of burglaries in the area and went to see the minor at approximately 12:30 p.m. after receiving an anonymous tip that the minor might have some information about the alleged offenses. The officers asked the minor and one of his friends if they would go to the police station and have their fingerprints taken. The minor voluntarily complied with the officers’ request even though he was informed that he need not go and be fingerprinted. When the minor was informed that his prints matched those found at the scene of one of the burglaries] Officer Rujawitz told him that he had a right to remain silent. The officer also informed the minor of the following rights:

“Q. [Assistant State’s Attorney] What else did you tell him?
A. [Officer Rujawitz] We asked him if he understood his rights?
0 6#
Q. Did you give him any other rights?
A. Yes, [J.A.G.] has been in enough and we have talked to [J.A.G.] enough. He knows he has a right to a lawyer.
Q. Did you tell him at that time?
A. Yes.
Q. Did you ask him whether or not he understood?
A. [J.A.G.] understands I am sure.
Q. Well, did you ask him that?
A. I asked him if he understood and [J.A.G.] didn’t say too much. I have to take for granted he did. I can’t remember if he said yes or no—
o o e
Q. Did you subsequently give him any other warnings any other rights?
A. No.”

Apparently when the minor thereafter admitted that he committed a series of burglaries, the officer made the following promise:

“A. [Officer Rujawitz] There was one promise made to [J.A.G.]. That promise was we would not refile petitions on him. We would turn this over to his probation officer for possible revocation. I said whatever they do, that is up to them. * 4 "I had no idea what his probation officer was going to do on this but no petitions were made on [J.A.G.].
Q. [Assistant Public Defender] You kept your promise?
A. Yes.”

At about the time J.A.G. admitted to one of the burglaries, Officer Rujawitz telephoned the minor’s mother and asked her to come to the station. According to the officer, she stayed at home as her husband had apparently taken the car to work.

At approximately 1:45 p.m., Officer Rujawitz had to leave to investigate another matter and asked Sergeant Baldwin to take a statement from the minor. The record is not clear what occurred between the time Baldwin commenced his investigation and 9 or 9:30 p.m., the time the minor was released that evening. Baldwin originally testified that he did not take the minor’s statement that day because the mother, who he had called on the telephone at 2:30 p.m., was unable to come to the police station. He later testified on rebuttal that no statement was made on August 24 because he was exhausted after attempting to clarify the events of one of the burglaries and to locate the stolen merchandise. He then released J.A.G. after the minor had promised to return to the police station the next morning at 9 a.m.

J.A.G. appeared at the station on schedule the following day. The officer called the minor’s mother who arrived at the station at approximately 10:45 a.m. Prior to her arrival, Baldwin and the minor drove around Belleville at which time the minor pointed out the homes he had burglarized. One of the homes was the home of Mrs. Winter. Baldwin testified that as they drove around that morning he informed the minor that “you don’t have to show me these places.” He also admonished the minor of the following rights:

“I told him you have a right to remain silent and you are entitled to an attorney and your [sic] entitled to your mother to be present and your father while you are doing this and he said he understands all of that but he wanted to get the thing squared up.”

According to Sergeant Baldwin, he began to take J.A.G.’s statement at the police station shortly after the mother arrived. Baldwin handed the minor a Miranda warning waiver of rights form which he read and signed. Baldwin asked him if he understood everything and the minor responded that he did. After the mother also read and signed the form, the officer proceeded to write out the statement while the minor related the events of the Winter burglary. The minor and his mother then read the statement and signed it. The minor appeared awake and alert and did not appear to be under the influence of alcohol or drugs. Baldwin testified that he did not threaten the minor or make him any promises.

The minor’s mother testified that when she arrived at the police station on August 25, Sergeant Baldwin, Officer Rujawitz and another officer were interrogating her son and another individual, Steve Rosin. She admitted to signing the waiver form and the statement but claimed she did not read either document. Baldwin told her that she would have to make restitution and that no new charges would be filed against her son. She remembered the officer telling her that the probation officer would be notified of the events in question but added that the officers did not say anything at that time about a revocation of probation.

The mother further testified that at 3 p.m. on August 24, she and her husband called the police to determine whether they should go down to the station. A police officer informed her that Rujawitz had left for the day and further informed her that he did not know about her son being picked up. He also told her that her son was not at the station.

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Related

People v. Wright
469 N.E.2d 351 (Appellate Court of Illinois, 1984)
People v. Diercks
411 N.E.2d 97 (Appellate Court of Illinois, 1980)
People v. Baine
403 N.E.2d 57 (Appellate Court of Illinois, 1980)

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Bluebook (online)
393 N.E.2d 1207, 75 Ill. App. 3d 177, 30 Ill. Dec. 860, 1979 Ill. App. LEXIS 3056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-j-a-g-illappct-1979.