People v. Mario T.

875 N.E.2d 1241, 376 Ill. App. 3d 468, 314 Ill. Dec. 954, 2007 Ill. App. LEXIS 1047
CourtAppellate Court of Illinois
DecidedSeptember 28, 2007
Docket1-05-3499
StatusPublished
Cited by28 cases

This text of 875 N.E.2d 1241 (People v. Mario T.) 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. Mario T., 875 N.E.2d 1241, 376 Ill. App. 3d 468, 314 Ill. Dec. 954, 2007 Ill. App. LEXIS 1047 (Ill. Ct. App. 2007).

Opinions

JUSTICE GARCIA

delivered the opinion of the court:

Following a hearing, the respondent Mario T. was adjudicated delinquent based on his possession of cocaine and cannabis and sentenced to one year’s probation. On appeal, the respondent contends that the trial court erred in denying his pretrial motion to quash arrest and suppress evidence. We agree and reverse.

BACKGROUND

Prior to the adjudicatory hearing, the respondent filed a motion to quash arrest and suppress evidence. The respondent alleged that the police lacked justification for a protective pat-down search that resulted in the recovery of illegal drugs.

At the suppression hearing, Chicago police officer Hickey testified that at 8 p.m. on July 18, 2005, she and her partner went to 2964 S. State Street in response to a radio call that three males were breaking into a vacant unit on the second floor of the building. The officers proceeded to the second floor by separate stairways to investigate. Upon reaching the second floor of the six-story Chicago Housing Authority building, Officer Hickey and her partner observed four males “loitering”1 in the hallway.

Officer Hickey testified that after observing the group for a “few seconds,” she decided to conduct a field interview to determine “if they lived in the vicinity or in the building.” Officer Hickey learned that they did not live in the 2964 building and that the respondent lived in apartment 406 of the 2940 S. State building. Fearing for her safety, Officer Hickey “performed a protective pat-down” by feeling around the respondent’s waistline and pocket to ensure that he was unarmed. As she felt his front pocket, Officer Hickey “felt several small rock like objects.” When she asked the respondent what it was, the respondent told her it was “rocks.” Officer Hickey understood “rocks” to be crack cocaine. She then removed 26 rocks of suspected crack cocaine from the respondent’s pocket, placed him into custody, and performed a second custodial search which revealed four Ziplock baggies of suspected marijuana.

Officer Hickey testified that she feared for her safety because the 2964 building is known as an area of high narcotics and gang activity and, in her experience, weapons are often associated with drug offenses. Officer Hickey testified that she had been a Chicago police officer for five years and had made 50 to 100 narcotics arrests. She had made 10 to 20 arrests at this address. She estimated she had made 10 to 20 arrests where both drugs and weapons were involved.

Regarding the timing of the pat-down in relation to the field interview, Officer Hickey testified, “Yeah, after I spoke with him, yes, I patted him down while I was speaking with him.” The respondent was cooperative; he did not attempt to run away nor did he make any threatening gestures.

The respondent testified that he was on his way to his sister’s apartment on the fifth floor of the 2964 S. State Street building when police stopped him and his three friends on the second floor. The respondent said that the police “put us on the wall and went in our pockets” and found “weed and rocks” in his pocket. The respondent testified that he told the police at the beginning of the encounter that he was on his way to visit his sister.

In support of the motion, defense counsel argued: “Under the State’s Attorney’s theory, then everyone that lives there at any point is subject[ ] to a reasonable search and seizure by the officers because going by that theory, anyone that lives in that area is under suspicion based on the fact that they simply live there.”

As to its reasoning for denying the respondent’s motion to quash arrest and suppress evidence, the trial court stated:

“[Based] on the officer’s experience and based on the circumstances, the circumstances being two officer[s] alone in a hallway with four males. The circumstances being the experience that this officer has regarding drugs and investigations in areas where drugs are prevalent, the officer’s experience with guns, the [Terry] analysis and search analysis is not a two-prong analysis, it’s three-prong analysis of whether [there’s] sufficient basis for the stop. Second, whether there’s a sufficient basis for a limited search. And third, whether there’s a sufficient basis for a weapons frisk. I believe it was a limited search on the officer’s reasonable belief that they could be in danger. The articulated facts that made her concerned] for her safety ***, a limited search to determine whether the minor had any weapons [by] which she could be harmed. *** I do believe that she had a right to make a limited search [under] the circumstances of the case ***.”

An adjudicatory hearing ensued wherein the parties stipulated to the evidence presented at the suppression hearing. The parties also stipulated that Nancy McDonagh, a forensic chemist with the Illinois State Police crime lab, would testify that the recovered items tested positive for cocaine and cannabis. She estimated the cocaine weighed 15 grams and the cannabis weighed .5 grams. The parties further stipulated that a proper chain of custody was maintained at all times. The court found the respondent delinquent and sentenced him to probation for one year. The respondent renewed his motion to quash arrest and suppress evidence posttrial, which the court denied.

ANALYSIS

A. Initial Encounter

On appeal, the respondent concedes that the initial encounter was lawful, but contends that the subsequent search was not. The State contends that based on the respondent’s concession that the “stop” was lawful, we need only examine the subsequent frisk to determine whether the officer’s action was justified. While we agree that the initial encounter between the respondent and the officers was lawful, this is so because it was not a “stop” under Terry v. Ohio, 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968). Rather, it was a “third tier” encounter between officers and citizens involving no coercion or detention and hence no implication of fourth amendment interests. See People v. Luedemann, 222 Ill. 2d 530, 544, 857 N.E.2d 187 (2006) (three tiers of police-citizen encounters: (1) arrests, requiring probable cause; (2) Terry “stops,” requiring reasonable, articulable suspicion of criminal activity; and (3) encounters without “coercion or detention and thus do not implicate fourth amendment interests”). Officer Hickey testified that after viewing the respondent and his companions for a “few seconds,” she and her partner approached the respondent for a “field interview.” According to Officer Hickey, her intent in speaking with the group was to determine “if they lived in the vicinity or in the building.” Thus, it does not appear that the purpose in conducting the field interview was to conduct a forceful stop. At its inception, the field interview did not involve coercion or detention. See People v. Thomas, 315 Ill. App. 3d 849, 853, 734 N.E.2d 1015 (2000), aff’d, 198 Ill. 2d 103, 759 N.E.2d 899 (2001) (officer’s “intent and design” in encounter with citizen gives meaning to the term “field interview”).

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People v. Mario T.
875 N.E.2d 1241 (Appellate Court of Illinois, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
875 N.E.2d 1241, 376 Ill. App. 3d 468, 314 Ill. Dec. 954, 2007 Ill. App. LEXIS 1047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mario-t-illappct-2007.