People v. Leighty

838 N.E.2d 1014, 362 Ill. App. 3d 258, 298 Ill. Dec. 121, 2005 Ill. App. LEXIS 1126
CourtAppellate Court of Illinois
DecidedNovember 10, 2005
Docket4-03-0677
StatusPublished
Cited by7 cases

This text of 838 N.E.2d 1014 (People v. Leighty) 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. Leighty, 838 N.E.2d 1014, 362 Ill. App. 3d 258, 298 Ill. Dec. 121, 2005 Ill. App. LEXIS 1126 (Ill. Ct. App. 2005).

Opinion

PRESIDING JUSTICE COOK

delivered the opinion of the court:

On August 6, 2003, defendant, Jamie Leighty, was convicted of unlawful possession of methamphetamine-manufacturing chemicals with the intent to manufacture methamphetamine (720 ILCS 570/ 401(ii) (West 2002)) and criminal drug conspiracy (720 ILCS 570/405.1 (West 2002)). The trial court sentenced defendant to concurrent sentences of Pk years in prison. Defendant appeals, alleging the court erred by denying defendant’s motion to quash his arrest and suppress evidence. We affirm.

I. BACKGROUND

On August 10, 2002, defendant drove approximately 21k hours from his home in Lawrenceville, Illinois, to a Wal-Mart in Decatur, Illinois, and purchased two packages of pseudoephedrine pills.

Wal-Mart security officer Mike Catrell contacted Deputy James Root and informed him that defendant had just purchased two boxes of pseudoephedrine pills and possibly some lithium batteries. Catrell provided a physical description of defendant and his vehicle.

Around the same time, Officer Brian Allison and Officer Pruitt received a dispatch report that a suspect purchased “amounts” or “a large quantity” of pseudoephedrine, and that the suspect was proceeding to the neighboring Walgreen drug store, less than a block away. Allison and Pruitt located defendant’s vehicle in the Walgreen drug store parking lot. They watched defendant leave Walgreen drug store with purchased items contained in a white plastic bag, get in his car, stop briefly at McDonald’s restaurant, and return to the Wal-Mart parking lot. All of this occurred within 10 minutes time.

Allison and Pruitt proceeded to the Wal-Mart parking lot and initiated a stop on the car. During the stop, defendant provided identification upon request and told the officers that he was so far from home because he “had gone for a drive” after a fight with his wife. Allison informed defendant that he was being stopped because they received a complaint that defendant was purchasing pseudoephedrine, possibly to manufacture methamphetamines.

Upon request, defendant consented to a search of his car and his person. Allison found nothing suspicious on defendant’s person but found items typically used in a methamphetamine lab in the vehicle, including a Wal-Mart sack with two boxes of pseudoephedrine pills on the front passenger side floorboards, two boxes of pseudoephedrine pills in the Walgreen sack, two additional boxes of pseudoephedrine pills, some glass containers, a plastic container and a small hand pump in the trunk. Police also found lithium batteries inside a Power Rangers toy and a map of Illinois with a clear highlighted portion from Lawrenceville to Decatur.

James Root then arrived on the scene, and Allison and Pruitt told him what they had found. The officers then arrested defendant. Defendant was ultimately convicted of unlawful possession of methamphetamine-manufacturing chemicals with the intent to manufacture methamphetamine (720 ILCS 570/401(ii) (West 2002)) and criminal drug conspiracy (720 ILCS 570/405.1 (West 2002)).

II. ANALYSIS

The issue on appeal is whether the trial court erred by denying defendant’s motion to quash his arrest and suppress evidence. In reviewing a court’s ruling on a motion to quash arrest and suppress evidence, we may reverse the court’s finding of fact only if it is against the manifest weight of the evidence. People v. Bonutti, 212 Ill. 2d 182, 188, 817 N.E.2d 489, 492 (2004). We review de novo the ultimate questions of whether reasonable suspicion existed and whether the evidence should have been suppressed. Bonutti, 212 Ill. 2d at 188, 817 N.E.2d at 492 (regarding de novo review for suppression of evidence); People v. Sorenson, 196 Ill. 2d 425, 431, 752 N.E.2d 1078, 1083 (2001) (regarding de novo review for reasonable suspicion).

Defendant alleges on appeal that all evidence resulting from the police stop of his vehicle should be suppressed because the police did not have reasonable suspicion under the fourth amendment to make the stop. “[T]he ‘essential purpose’ of the fourth amendment is to impose a standard of reasonableness upon the exercise of discretion by government officials, including law enforcement officers, to safeguard the privacy and security of individuals against arbitrary invasions.” People v. Jones, 215 Ill. 2d 261, 269, 830 N.E.2d 541, 548 (2005), quoting Delaware v. Prouse, 440 U.S. 648, 653-54, 59 L. Ed. 2d 660, 667, 99 S. Ct. 1391, 1396 (1979). Reasonableness does not always require a warrant supported by probable cause; rather, reasonableness is determined by balancing the legitimacy of government interests against the degree of intrusion on fourth-amendment interests. Jones, 215 Ill. 2d at 269, 830 N.E.2d at 548-49, citing Prouse, 440 U.S. at 654, 59 L. Ed. 2d at 667-68, 99 S. Ct. at 1396. A search is reasonable under the fourth amendment where (1) the officer’s action was justified at its inception, and (2) the search was reasonably related in scope to the circumstances that justified the interference in the first place. People v. Lampitok, 207 Ill. 2d 231, 241, 798 N.E.2d 91, 99 (2003), quoting Terry v. Ohio, 392 U.S. 1, 19-20, 20 L. Ed. 2d 889, 905, 88 S. Ct. 1868, 1879 (1968). The officer is justified in initiating an investigatory stop where he reasonably believes the person has committed or is about to commit a crime. Terry, 392 U.S. at 22, 20 L. Ed. 2d at 906-07, 88 S. Ct. at 1880. Reasonable suspicion need not rule out innocent conduct. United States v. Arvizu, 534 U.S. 266, 273, 151 L. Ed. 2d 740, 749, 122 S. Ct. 744, 750 (2002).

Although consent to a search generally vitiates fourth-amendment concerns, “[w]here an officer’s detention of a person exceeds his authority under Terry v. Ohio, a subsequent consent to search can be tainted by that illegality.” People v. Lomas, 349 Ill. App. 3d 462, 469, 812 N.E.2d 39, 44 (2004). The facts of the present case, however, do not indicate an overreaching on the part of the officers.

In deciding whether reasonable suspicion exists, a law enforcement officer may rely on training and experience to draw inferences and make deductions that may well elude the untrained person. Arvizu, 534 U.S. at 273, 151 L. Ed. 2d at 749-50, 122 S. Ct. at 750-51. Allison had received specialized training regarding methamphetamine.

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

Related

People v. Prince
2023 IL App (1st) 211646-U (Appellate Court of Illinois, 2023)
People v. McCray
2022 IL App (1st) 200636-U (Appellate Court of Illinois, 2022)
People v. Lozano
2022 IL App (1st) 182170 (Appellate Court of Illinois, 2022)
People v. White
2020 IL App (1st) 171814 (Appellate Court of Illinois, 2021)
People v. Sadeq
2018 IL App (4th) 160105 (Appellate Court of Illinois, 2018)
People v. Snow
Appellate Court of Illinois, 2010

Cite This Page — Counsel Stack

Bluebook (online)
838 N.E.2d 1014, 362 Ill. App. 3d 258, 298 Ill. Dec. 121, 2005 Ill. App. LEXIS 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leighty-illappct-2005.