People v. Lynch

609 N.E.2d 889, 241 Ill. App. 3d 986, 182 Ill. Dec. 355, 1993 Ill. App. LEXIS 68
Appellate Court of Illinois·Decided January 26, 1993·No. 1-91-0405·Published·Cited by 9 cases

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Following a stipulated bench trial in the circuit court of Cook County, defendant James Lynch was convicted of cannabis trafficking and possession of cannabis with intent to deliver. Two concurrent six-year terms of imprisonment and a $1,000 fine were imposed. On appeal, defendant contends that: (1) the trial court erred in denying his motion to suppress; (2) he was not proven guilty of cannabis trafficking beyond a reasonable doubt; and (3) his conviction for possession with intent to deliver must be vacated because it is a lesser-included offense of the trafficking conviction.

At the hearing pursuant to defendant’s motion to suppress, Detective Richard Crowley of the Chicago police department and United States Drug Enforcement Administration (DEA) testified that he was assigned to the Amtrak terminal at Union Station on December 11, 1989, in order to intercept passengers involved in drug trafficking. He was interested in train 22, which originated in Los Angeles, California, and stopped in San Antonio, Texas, before arriving in Chicago and then was scheduled to travel to Buffalo, New York. According to Detective Crowley, Los Angeles and San Antonio are documented as “source cities” for controlled substances and marijuana. Prior to the arrival of the train, Detective Crowley received information from Dennis Kroll, an Amtrak detective, that an individual had purchased a one-way cash ticket in the name of Bob Clark for travel from San Antonio to Buffalo, New York. In addition, the purchaser had given an invalid call-back number when obtaining the ticket.

Detective Crowley observed defendant as he exited one of the last cars. Defendant was carrying two large padlocked suitcases which appeared heavy. As defendant placed the luggage on a cart, he looked over his shoulder. While walking the remaining 100 yards through the train terminal, he looked over his shoulder about three times. Crowley continued to observe defendant for about five minutes while defendant positioned himself in a well-lit public area, close to monitors providing departure information.

Detective Crowley, accompanied by Sergeant Thomas Martin, approached defendant, identified himself and asked if he could speak with defendant. Defendant agreed and Crowley informed defendant that he was not under arrest and did not have to speak to the police. In response to Crowley’s questions, defendant identified himself, and stated that he had just arrived from San Antonio, Texas, and was waiting to board a train to Buffalo, New York. Upon request, defendant produced a California driver’s license with the address penciled out. When Crowley requested defendant’s train ticket, defendant responded that he could not recall what he had done with it. Crowley reminded defendant that he would need the ticket to proceed to New York, and defendant then produced a ticket. The ticket represented a one-way fare from San Antonio, Texas, to Buffalo, New York, issued to Bob Clark. Defendant explained that his friend Bob Clark had purchased the ticket in San Antonio. Defendant stated that he did not know Clark’s address or telephone number.

Detective Crowley informed defendant that he was conducting narcotics investigations at train stations and asked if defendant was transporting controlled substances. Defendant responded that he was not and further denied the officers permission to search his luggage. Further, defendant stated that the three pieces of luggage were his. Crowley told defendant that his luggage would be detained for a canine sniff test. In addition, Crowley explained that the luggage would be transported to the DEA office on the second floor of the train station because the dog was trained to attack and could not be released around the public. The dog was a certified narcotics canine, and it gave a positive reaction to two of defendant’s suitcases indicating the presence of contraband. Crowley then informed defendant that the suitcases would be held while a search warrant was obtained, and defendant was given a receipt for the suitcases which were detained. Although Detective Crowley initially testified that only the two bags to which the canine had a positive reaction were held, he admitted that all three bags were detained after he was shown a copy of the receipt given defendant for his luggage. After a warrant was obtained, the suitcases were opened and two were found to contain marijuana.

Officer Dennis Kroll testified that he is a criminal investigator with the Amtrak police. As part of his job responsibilities, he reviews passenger manifests for possible drug couriers. Kroll stated that he looks for passengers travelling one way from “source cities,” paying cash for the fare and making reservations within two days of departure. In addition, he checks the telephone numbers provided by passengers when reservations are made. Kroll testified that on December 11, 1989, he reviewed the passenger manifests for train 22 and was suspicious about a passenger named Bob Clark. A one-way ticket had been purchased for $229 in cash and the reservation was made two days prior to departure. Kroll telephoned the call-back number, and the person who answered advised him that there was no Bob Clark at that number.

Defendant testified that he was stopped by the police after he exited his train and entered the main waiting area at Union Station. According to defendant, he did not consent to this detention. The officers questioned him for about 10 minutes and asked to search his luggage. After defendant denied permission, the officers took his luggage to another location in the station.

Defendant further testified that a friend purchased the ticket with cash and the name on the ticket was Bob Clark. The officers did not touch him or display their weapons. According to defendant, the officers kept his driver’s license and took it upstairs with the luggage. In addition, defendant testified that he produced his ticket upon request. The officers surrounded defendant when they went upstairs, but did not touch him. Defendant testified that he went upstairs because he was told that he could watch the sniff test. When they arrived upstairs, defendant was searched and then was denied permission to watch the test. Finally, defendant admitted that he was found guilty of false statement on May 14,1987, in a New York Federal court.

Defendant maintains that the trial court erred in denying his motion to suppress. We disagree.

On a motion to suppress evidence, the burden is on the defendant to demonstrate that the particular intrusion was illegal. (People v. Brink (1988), 174 Ill. App. 3d 804, 529 N.E.2d 1.) Further, the trial court’s determination on a motion to suppress will not be overturned unless it is manifestly erroneous. People v. Conner (1979), 78 Ill. 2d 525, 401 N.E.2d 513.

In the instant case, there are two intrusions which must be evaluated — the initial stop of defendant and the detention of his luggage for submission to a sniff test. We will first address the initial approach by the officers.

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People v. Lynch, 609 N.E.2d 889, 241 Ill. App. 3d 986, 182 Ill. Dec. 355, 1993 Ill. App. LEXIS 68 (Ill. Ct. App. 1993).

609 N.E.2d 889 (People v. Lynch) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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