People v. Lawson

700 N.E.2d 125, 298 Ill. App. 3d 997, 233 Ill. Dec. 24, 1998 Ill. App. LEXIS 573
CourtAppellate Court of Illinois
DecidedAugust 19, 1998
Docket1-97-2943
StatusPublished
Cited by25 cases

This text of 700 N.E.2d 125 (People v. Lawson) 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. Lawson, 700 N.E.2d 125, 298 Ill. App. 3d 997, 233 Ill. Dec. 24, 1998 Ill. App. LEXIS 573 (Ill. Ct. App. 1998).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

The People of the State of Illinois appeal from an order of the circuit court of Cook County granting the motion of defendant, Gerald Lawson, to quash his arrest and suppress evidence. For the reasons given below, we affirm.

FACTS

In March 1996 defendant Gerald Lawson was charged by an 18-count information with one count of robbery (720 ILCS 5/18 — 1(a) (West 1994)); one count of armed robbery (720 ILCS 5/18 — 2 (West 1994)); six counts of aggravated battery (720 ILCS 5/12 — 4(a), (b)(1), (b)(2), (b)(10) (West 1994)); one count of aggravated battery of a senior citizen (720 ILCS 5/12 — 4.6(a) (West 1994)); one count of aggravated battery with a firearm (720 ILCS 5/12 — 4.2(a)(1) (West 1994)); seven counts of armed violence (720 ILCS 5/33A — 2 (West 1994)); and one count of attempted first degree murder (720 ILCS 5/8 — 4, 9 — 1) (West 1994)). In May 1997 defendant filed a “motion to quash arrest and suppress evidence.” He argued that his arrest in February 1996 was made without a warrant and his conduct before his arrest “was such as would not reasonably be interpreted by the arresting officers as constituting probable cause that [defendant] had committed or was about to commit a crime.” He requested that the circuit court quash his arrest and suppress from introduction into evidence any physical evidence, statements (written, oral or “gestural”), witnesses, and any other “knowledge and the fruits thereof’ which had been obtained as the direct or indirect product of his arrest.

The cause came before the circuit court for a hearing on defendant’s motion in May 1997. The sole witness to testify at the hearing was Chicago police officer John Griffin. Officer Griffin testified that he was on duty in his marked squad car on February 17, 1996, at approximately 2 p.m. At that time, while in the general area of the intersection of 71st and St. Lawrence Streets, he received a radio message to the effect that a robbery had just occurred at a dry-cleaning store at 6445 Cottage Grove and a man had been shot. He received a description of a “male, black six fee [sic] tall, wearing a dark coat and blue jeans” who had left the scene of the crime headed west on 65th Street from Cottage Grove. He also learned from the broadcast that the offender “had fought with one of the victims and was possibly injured.”

Griffin testified that upon receiving the radio message he immediately activated his emergency lights and drove north on St. Lawrence “at a high rate of speed” in order to cut the suspect off on 65th Street. Griffin testified that he arrived at the intersection of 65th and Champlain Streets within a minute or a minute and a half from the time that he heard the message. When he arrived at that intersection he turned east onto 65th Street.

As Griffin turned onto 65th Street, he observed an approximately 6-foot-tall black male wearing blue jeans and a dark coat, walking westbound on 65th Street nearing Langley Avenue (one block east of him). Griffin identified defendant in court as the person he saw. Where Griffin first saw defendant, he estimated that defendant was no more than 800 feet from the scene of the crime, between one and two minutes after the crime had occurred. When Griffin saw defendant, defendant looked at him and made a “sudden” right turn onto Langley. Griffin turned onto Langley, drove past defendant, exited his vehicle, and told defendant to stop.

Defendant stopped as Griffin requested. Almost simultaneously, a police tactical unit drove up and stopped behind defendant. As Griffin approached defendant, he noticed that defendant had what appeared to be a cut on his forehead, from which he was bleeding, as well as a cut and scratches on his hand, “as if he had been in a fight.” The tactical team performed a protective pat-down of defendant, because it had been led to believe that the offender had a weapon. The tactical officers recovered two $20 bills from defendant’s pocket, which had what appeared to be blood on them. After the tactical officers had a conversation with defendant, the nature of which Officer Griffin did not recall, they placed defendant in their squad car and transported him back to the scene of the crime. Griffin followed in his own car. He was not certain whether defendant was handcuffed before being placed in the car, but he stated that defendant was not free to leave custody. At the scene of the crime the victims identified defendant.

Griffin admitted that he did not see defendant violate any laws and he did not have an arrest warrant for defendant. He admitted that no weapon had been found on defendant, nor a mask or hat. Griffin admitted having received information over the radio that the offender was possibly wearing a mask; he was uncertain whether he had heard that the offender was wearing a hat. He admitted the incident occurred during the winter and that before defendant was stopped Griffin had received no information about the coat the offender was wearing other than its color. Griffin was not certain whether the tactical officers questioned defendant about the marks on his head or hands before they placed him in their squad car. He admitted that the apparent bloodstains on the money recovered from defendant were one of the reasons that defendant was detained and returned to the scene of the crime.

With the testimony of Officer Griffin defendant rested; the State presented no evidence. The court stated that it was “bothered” by the fact that there was no evidence as to the basis for the radio broadcast. It noted that “[wjarrantless searches and seizures are presumptively unreasonable and the State bears the burden of showing that warrantless seizure comes with[in] one of [the] exceptions to the warrant requirement.” The court stated that it was “unquestionable” that Officer Griffin had a “reasonable and articulable basis for stopping” defendant and subjecting him to a pat-down search, in light of the facts that he was approximately two blocks away from the scene of an armed robbery and met the “broad general description” of the offender. The court stated that it did not “have any problem with this policeman patting the defendant down.”

However, the court stated that this analysis was different from an “in pocket search. And it is ludicrous to suggest that he did not go in his pockets. That he felt something and thought it was a weapon that [sic] because of course there is no testimony to that effect. And so he searched him. And utilizing the fruit of that search, one might conclude that he arrested him.” The court also noted that although the police can rely on radio broadcasts, “that does not mean that Courts can rely upon it without anything else.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Erwin
2023 IL App (1st) 200936 (Appellate Court of Illinois, 2023)
People v. Simmons
2020 IL App (1st) 170650 (Appellate Court of Illinois, 2020)
People v. Redding
2020 IL App (4th) 190252 (Appellate Court of Illinois, 2020)
People v. Holmes
2019 IL App (1st) 160987 (Appellate Court of Illinois, 2019)
People v. Trisby
2013 IL App (1st) 112552 (Appellate Court of Illinois, 2013)
People v. Daniel
2013 IL App (1st) 111876 (Appellate Court of Illinois, 2013)
People v. Hyland
2012 IL App (1st) 110966 (Appellate Court of Illinois, 2012)
People v. Byrd
951 N.E.2d 194 (Appellate Court of Illinois, 2011)
People v. Matous
Appellate Court of Illinois, 2008
People v. McGee
869 N.E.2d 883 (Appellate Court of Illinois, 2007)
People v. Bramlett
793 N.E.2d 203 (Appellate Court of Illinois, 2003)
People v. Lawson
762 N.E.2d 633 (Appellate Court of Illinois, 2001)
People v. Carlson
Appellate Court of Illinois, 2000

Cite This Page — Counsel Stack

Bluebook (online)
700 N.E.2d 125, 298 Ill. App. 3d 997, 233 Ill. Dec. 24, 1998 Ill. App. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lawson-illappct-1998.