People v. Long

567 N.E.2d 514, 208 Ill. App. 3d 627, 153 Ill. Dec. 556, 1990 Ill. App. LEXIS 1982
Appellate Court of Illinois·Decided December 31, 1990·No. 1-87-1570·Published·Cited by 25 cases

Opinion

PRESIDING JUSTICE McMORROW

delivered the opinion of the court:

Following a jury trial, defendant was convicted of two counts of armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 2(a)) and sentenced to natural life imprisonment as a habitual offender (Ill. Rev. Stat. 1985, ch. 38, par. 33B — 1). On appeal, defendant contends that (1) the trial court erred in denying his motion to quash his warrant-less arrest and suppress his subsequent inculpatory statement as the fruit of an illegal arrest, and (2) he was denied effective assistance of counsel at the hearing on his motion to quash, and at his trial. We conclude that the trial court properly denied defendant’s motion to quash and that he was adequately represented by counsel. Accordingly, we affirm.

Prior to trial, defendant filed a motion to quash his arrest and suppress his statement to the police. In this motion, defendant argued that the police officers had unlawfully entered his residence without a warrant, and that neither consent nor exigent circumstances justified their warrantless entry into his home to arrest him.

At the hearing on his motion to quash arrest and suppress statements, defendant testified that on the date of his arrest, he lived in the first floor apartment of a two-flat house in Chicago. His girlfriend, Christina White, had been living with him for approximately two months and rented the apartment. Defendant’s mother and sister lived in the second-floor apartment.

Defendant further testified that shortly before 9 p.m., he was watching television in the living room at the rear of the apartment. His girlfriend, Christina, had just left the apartment to go to the store on the corner. Defendant’s sister, Charmaine, came down the rear stairs to talk to Christina. Defendant told Charmaine that Christina had just gone to the store but would return shortly. He let Charmaine out the back door, locked it, and then returned to the couch to watch television. At that time, he saw a shadow on the wall between the kitchen and the living room. Defendant recalled that it was exactly 9 p.m., because he looked at a clock in the living room. As he started to look around the corner, at least five or six men ran up to him, pointed guns at his face, said “police officers,” and then handcuffed him. The officers searched the entire apartment, including cabinets and drawers. When he asked if they had an arrest or search warrant, they said they did not need either one. Defendant testified that Charmaine, who was on her way back upstairs, immediately returned and began knocking on the back door to be let in. Before he was taken from the apartment by the officers, Christina returned and brought him his coat from the closet. Defendant testified that neither he nor anyone else consented to the police entry into the apartment or gave them permission to search it.

Following defendant’s testimony, defense counsel stated that the defense rested on the motion. The State then presented the testimony of two police officers. Officer Peter Ciaccio of the Oak Lawn police department testified that he and and his partner, along with several officers of the Chicago police department, went to defendant’s home to arrest him for the armed robbery of a White Hen Pantry store in Oak Lawn that had occurred a few days earlier. Officer Ciaccio stated that he did not attempt to obtain a warrant for defendant’s arrest, a process that would have taken six to eight hours. It is undisputed that the officers had probable cause to arrest the defendant, as two individuals had given incriminating statements to police that implicated defendant in the White Hen Pantry robbery.

Officer Ciaccio testified that he and the other officers arrived at defendant’s residence at approximately 9 p.m. Officer Ciaccio and three or four Chicago police officers went to the front of the house. Detective Robert Gricus of the Chicago police department knocked on the door. A young woman approximately 20 to 25 years old, who at some point later stated that she lived there with defendant, opened the door. At this time, Officer Ciaccio was standing, with his gun drawn, approximately five to six feet from the door. He was behind Officer Gricus, who did not have his gun drawn, and a uniformed Chicago police officer. Officer Ciaccio did not know if any other officers had their weapons drawn.

When the young woman opened the door, Officer Gricus showed her his police star, identified himself both by name and as a Chicago police officer, and told her that they were looking for Michael Long. She said “come in officers” or “step in officers.” When they entered the apartment, they saw defendant seated on a couch, watching television. Officer Gricus asked him if he was Michael Long. When defendant responded in the affirmative, Officer Gricus told him he was under arrest for armed robbery. Defendant was then patted down and handcuffed. Officer Ciaccio testified that he did not prepare a case report following defendant’s arrest and did not know whether his partner had done so.

Chicago police officer Gricus testified that at about 9 p.m. on December 23, 1985, he accompanied officers of the Chicago and Oak Lawn police departments to defendant’s residence in order to arrest him for the armed robbery of the White Hen Pantry store. When they arrived at the home, Officer Gricus knocked on the front door, and a young female whose name he could not recall opened the door. Officer Gricus identified himself, showed her his police badge, and asked if defendant was home. She said “step in.” He immediately saw defendant and, after identifying himself, asked if he was Michael Long. When defendant responded that he was, Officer Gricus told him that he was under arrest for armed robbery. Officer Gricus did not have his gun drawn and did not notice whether any of the other officers had drawn their weapons. His partner prepared the arrest report, and he did not know if it or any report indicated that they had gained entry into the apartment with the consent of the female who resided there.

Following the testimony of the police officers, defense counsel moved for a continuance for the purpose of locating defendant’s girlfriend, Christina. The trial court granted defendant’s motion. When the hearing reconvened, the defense called defendant’s sister, Charmaine, as a witness. Charmaine testified that on the day of defendant’s arrest, she lived with her mother in the second-floor apartment and defendant was living in the first-floor apartment with Christina. Between 8:30 and 9 p.m., Charmaine went downstairs to talk to Christina. Defendant told her that Christina had just gone to the store, and Charmaine left through the back door and returned to the upstairs apartment. She did not see Christina in the upstairs apartment when she returned or while she remained in the apartment.

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People v. Long, 567 N.E.2d 514, 208 Ill. App. 3d 627, 153 Ill. Dec. 556, 1990 Ill. App. LEXIS 1982 (Ill. Ct. App. 1990).

567 N.E.2d 514 (People v. Long) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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