People v. Long

861 N.E.2d 335, 308 Ill. Dec. 270, 369 Ill. App. 3d 860, 2007 Ill. App. LEXIS 1
CourtAppellate Court of Illinois
DecidedJanuary 3, 2007
Docket2-05-0772
StatusPublished
Cited by8 cases

This text of 861 N.E.2d 335 (People v. Long) 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. Long, 861 N.E.2d 335, 308 Ill. Dec. 270, 369 Ill. App. 3d 860, 2007 Ill. App. LEXIS 1 (Ill. Ct. App. 2007).

Opinions

JUSTICE KAPALA

delivered the opinion of the court:

Defendant, Jeremy Long, was charged with two counts of unlawful possession with intent to deliver cocaine (720 ILCS 570/401(a)(2)(A) (West 2002)) and unlawful use of a weapon by a felon (720 ILCS 5/24— 1.1(a) (West 2002)), after the police found cocaine and a set of brass knuckles on his person. Defendant filed a motion to quash arrest and to suppress evidence as well as a motion to suppress statements, arguing that the pat-down search that led to the discovery of the brass knuckles was invalid. The State appeals the judgment of the circuit court of Winnebago County granting defendant’s motions. We reverse and remand for further proceedings.

I. FACTS

At the hearing on the motions, the State called Todd McLester, a Rockford police officer. McLester testified that, on May 7, 2004, at approximately 10:15 p.m., he and several other Rockford police officers responded to an anonymous report that four individuals, all of whom had shaved heads and three of whom were armed with handguns, had entered the El Navegante bar on 7th Street in Rockford. McLester indicated that the bar was located in a “very high-crime area,” well known for prostitution and narcotics trafficking. McLester also said that on the night in question, he and the other officers had information from confidential informants that the bouncers at the El Navegante bar were selling cocaine. McLester explained that on six different occasions between March 2004 and May 7, 2004, he and other officers on the tactical team of the Rockford police department received this information regarding the bouncers from several street people and prostitutes in the 7th Street area.

McLester testified further that, upon entering the bar, he and his fellow officers dispersed and began questioning several of the patrons in the bar. McLester testified that both male and female patrons were questioned. McLester also testified that several male patrons were patted down for weapons. McLester acknowledged that it was “probable] ” that many, if not all, of the male patrons were patted down for weapons. McLester testified that he did not know whether the frisking was confined to males with shaved heads.

McLester testified that, as he was speaking to patrons, he saw two men, later identified as defendant and Marcelino Vargas, sitting at a table near the front door of the bar. McLester assumed that the two men were bouncers, given their location in the bar. McLester testified that Vargas’s head was shaved and that defendant’s hair was so closely cut that his head “could have been shaved.” As McLester walked back toward the front door, he saw Rockford police sergeant Joe Caltagerone speak with Vargas and then arrest him. At the same time, McLester saw Rockford police officer Michael McDonald approach defendant and speak with him. McLester then observed defendant stand up and extend his arms out to his sides. McDonald patted defendant down and removed a set of brass knuckles from his rear pants pocket. McLester testified that, as he observed this interaction, an officer directed his attention to a bottle, wrapped in gray duct tape, that was sitting on the footrest of the table where Vargas and defendant had been sitting. McLester testified that the bottle was found to contain narcotics and was the basis for Vargas’s arrest.

Rockford police sergeant Joe Caltagerone testified that, on May 7, 2004, he and other officers, including McDonald and McLester, responded to a report that three armed males with shaved heads had entered the El Navegante bar. Caltagerone testified that he and his fellow officers “did a person-by-person check of every shaved head [sic] male subject in the bar.” Elsewhere in his testimony, however, Caltagerone stated that the officers “checked every male patron in the bar.” Caltagerone testified that by “checked,” he meant patted down for weapons. Caltagerone testified that, after he and his fellow officers completed this “check,” they walked back toward the front door. As they prepared to leave, they saw Vargas and defendant sitting across from each other on barstools at a table near the front door. Caltagerone testified that Vargas and defendant both had shaved heads but had not yet been “checked.” Caltagerone approached Vargas and asked whether he had “anything on him.” Caltagerone then took hold of Vargas’s arm in preparation for frisking him. In doing so Caltagerone observed a white pill bottle, wrapped in duct tape, lying about one inch away from Vargas’s left foot. Caltagerone recognized the bottle as the kind that is used to transport narcotics. Intending to check the bottle, Caltagerone “handed off’ Vargas to other officers. As he bent down to retrieve the bottle, Caltagerone observed a plastic “baggy” and a loose baggy end lying on the floor between the wall and the table “about halfway between” defendant and Vargas. Inside the first baggy were “several smaller baggy ends” that were individually wrapped and contained a white powdery substance that was later determined to be cocaine. The loose baggy end also contained a white powdery substance later determined to be 5.9 grams of cocaine. After finding the bottle and the baggies, Caltagerone asked McDonald to “check out” defendant, i.e., pat him down for weapons. Caltagerone testified that there were between 35 and 40 patrons in the bar when he and the other officers entered.

Officer Michael McDonald testified that, on May 7, 2004, he and fellow officers went to the El Navegante bar in response to a call that “four subjects with shaved heads, possibly Mexican males[,] had entered the bar” and that the men were armed with guns. When McDonald entered the bar, he saw other officers “checking the patrons of the bar for weapons.” WTiile he was in the bar, McDonald saw two men, later identified as defendant and Vargas, seated at a table. McDonald witnessed fellow officer Caltagerone recover a pill bottle from the floor under the table. Caltagerone then asked McDonald to “detain” defendant. Accordingly, McDonald asked defendant to stand. McDonald testified: “As [defendant] stood up, I asked him if I could check him for weapons, any contraband, and he consented.” McDonald testified that, after defendant “consented,” he stood up, spread his feet, and held his arms out. McDonald did a pat-down search of defendant and found a set of brass knuckles in a rear pocket of his pants. McDonald placed defendant under arrest. McDonald then performed a full search of defendant, finding several small plastic bags containing a substance that was later determined to be cocaine.

McDonald testified that he was in the bar for about five minutes before he performed the pat-down search of defendant. During that interval, McDonald saw fellow police officers perform pat-down searches of other patrons in the bar. McDonald testified that, to the best of his recollection, all male patrons of the bar were “checked out,” i.e., frisked for weapons, that night.

On cross-examination, McDonald acknowledged that he wrote the following in his report:

“ ‘[Defendant] was asked to stand up so he could be checked for weapons and he complied. *** [Defendant] stood up and held his arms out to his side so officers could check him. I began to pat down [defendant] over his clothing.’ ”

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People v. Long
861 N.E.2d 335 (Appellate Court of Illinois, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
861 N.E.2d 335, 308 Ill. Dec. 270, 369 Ill. App. 3d 860, 2007 Ill. App. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-long-illappct-2007.