People v. Miller

570 N.E.2d 1202, 212 Ill. App. 3d 195, 156 Ill. Dec. 480, 1991 Ill. App. LEXIS 618
Appellate Court of Illinois·Decided April 17, 1991·No. No. 2—90—0484·Published·Cited by 1 cases

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

The State appeals pursuant to Supreme Court Rule 604(a)(1) (134 Ill. 2d R. 604(a)(1)) from an order of the circuit court of Du Page County granting a motion to quash arrest and suppress evidence filed by defendant, Sandra Miller. The sole issue raised on appeal is whether the trial court erred in granting defendant’s motion to quash and suppress because there was probable cause to arrest defendant.

Defendant was charged by indictment with the offense of unlawful possession of less than 15 grams of a substance containing cocaine (Ill. Rev. Stat. 1987, ch. 56½, par. 1402(b)). Defendant filed a motion to quash her arrest, alleging that, at the time of the arrest, the police officer did not have probable cause to believe that a crime was committed. She also apparently requested that evidence connecting her with the crime be suppressed pursuant to the exclusionary rule, citing Mapp v. Ohio (1961), 367 U.S. 643, 6 L. Ed. 2d 1081, 81 S. Ct. 1684.

Robert James Nicholas, a police officer with the City of Elmhurst, was the only witness to testify at the hearing regarding defendant’s motion. Nicholas testified that, on June 16, 1989, he was working a plainclothes detail with Officer Dominic Pánico. He testified that they were in the parking lot where the Diplomat West banquet facility is located, observing the parking lot to make sure the lot was kept safe and secure. At approximately 9:05 p.m., while he and Pánico were walking through the parking lot, Nicholas observed a vehicle in the lot with its dome light on. He saw that the two people in the vehicle had their heads down and that there were some rapid upper body movements. He stated that, based on his training and experience as a police officer, those movements indicated to him “that they could have either been cutting or ingesting cocaine or possibly even doing the same with marijuana.” He and Pánico continued walking toward the vehicle. Before they were able to reach the vehicle, Nicholas saw a man and woman exit the vehicle and enter the Diplomat West. The two people were later identified as defendant and Scott Swensen.

Approximately five minutes later, Nicholas observed Swensen and another woman come out of the Diplomat West and enter a different car. He and Pánico walked up behind the vehicle, and he observed the dome light on. The two people’s heads went down and there was some movement. Nicholas then walked up to the passenger side of the vehicle, and Pánico approached the driver’s side. Nicholas looked into the vehicle and saw that the person sitting in the driver’s seat, later identified as Miss Parquette, was holding a snow seal in her hand. Nicholas testified that a snow seal is a little envelope used to package cocaine. He opened the snow seal, and there was a white, powdery substance inside.

Parquette and Swensen were each placed in the backseat of a different squad car. Nicholas spoke with Parquette, after advising her of her rights. Parquette told him that she had come from Oklahoma for a wedding. She stated that some friends had called her and asked her to bring cocaine with her, and she brought approximately 21k grams of cocaine. She told Nicholas that she was in the process of selling cocaine to Swensen when the officers looked in the car.

Nicholas testified that Parquette also stated that, a day or two prior to the wedding, she had given defendant a snow seal containing cocaine. She told Nicholas that defendant had some cocaine on her and “it was the coke that she had given her.” Parquette did not say where defendant had the cocaine, but “[s]he just said that she had it with her,” that “[s]he had it with her that night.”

Nicholas testified that he also spoke to Swensen, after Swensen was advised of his rights. Swensen told him that defendant was his girlfriend. Nicholas asked him if he and defendant had been “snorting” cocaine in Swensen’s vehicle before entering the Diplomat West, and Swensen indicated that they had used cocaine at that time. Swensen also told Nicholas that defendant “had possessed the cocaine, or what was left of what they had used in the vehicle.” Swensen did not say where defendant had the cocaine. Nicholas testified that “[h]e had just said that she had it on her. He wouldn’t be specific.”

Nicholas stated that he had never met Swensen or Parquette before and that they were never informants for him on any other drug transactions.

Nicholas testified that he then entered the Diplomat West. He asked one of the managers to find defendant in one of the banquet rooms because he “wanted to go inside and retrieve the cocaine that she had.” Defendant came to the door with the manager, and Nicholas asked her to step outside. Nicholas explained to defendant that her boyfriend and Parquette had been arrested for possession of cocaine. Nicholas told defendant that Swensen had informed him that she had some cocaine on her and that Parquette told him that Parquette had given her some cocaine a couple of days before. He then told defendant that she was part of the investigation for the possession of the cocaine. He told defendant he would like her purse and removed the strap of her purse from her shoulder. He opened the purse and saw a snow seal in an open pouch. He then arrested her for unlawful possession of cocaine.

Nicholas specifically stated that he did not have a warrant and that defendant was not placed under arrest before he searched her purse. He stated that the search of the purse was part of his investigation. He also stated that he did not see any white powder on defendant’s person and did not personally see her ingest any cocaine.

Following this testimony, defense counsel argued that there was no probable cause for the search because the statements of Swensen and Parquette lacked specificity and detail, noting that they did not say that contraband could be found in defendant’s purse. The State argued that probable cause was established by the reliable statements of Swensen and Parquette which were corroborated by the officer’s own observations of defendant in the car. The State referred to the “Ross case” which it noted was factually close to this case, but involved an anonymous tip and insufficient corroboration. A citation to Ross is not contained in the record. The trial judge summarized Nicholas’ testimony and noted that the facts were very close to the facts in the “Ross case.” The trial judge noted that defendant was not under arrest when searched. He then determined that the evidence was not sufficient to establish that Nicholas had probable cause to effectuate an arrest at the time defendant’s purse was searched. He therefore granted defendant’s motion. The State filed a motion to reconsider. The court denied the motion, noting that, as there was no exigency or emergency situation, there was sufficient time for either a search warrant or a warrant of arrest to be obtained. The State filed a certificate of impairment and a timely notice of appeal.

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People v. Miller, 570 N.E.2d 1202, 212 Ill. App. 3d 195, 156 Ill. Dec. 480, 1991 Ill. App. LEXIS 618 (Ill. Ct. App. 1991).

570 N.E.2d 1202 (People v. Miller) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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People v. Miller
570 N.E.2d 1202 (Appellate Court of Illinois, 1991)