People v. Ott

567 N.E.2d 1104, 209 Ill. App. 3d 783, 153 Ill. Dec. 877, 1991 Ill. App. LEXIS 210
CourtAppellate Court of Illinois
DecidedFebruary 14, 1991
DocketNo. 1-89-2535
StatusPublished
Cited by2 cases

This text of 567 N.E.2d 1104 (People v. Ott) 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. Ott, 567 N.E.2d 1104, 209 Ill. App. 3d 783, 153 Ill. Dec. 877, 1991 Ill. App. LEXIS 210 (Ill. Ct. App. 1991).

Opinion

JUSTICE McMORROW

delivered the opinion of the court:

Defendant was charged by indictment for the murder of his girlfriend. (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(a).) He filed a motion to quash his arrest and to suppress certain inculpatory statements he made. Following an evidentiary hearing, the trial court determined that the police had probable cause to arrest defendant at the scene of the crime. The trial court also found that defendant had consented to police officers’ search of defendant and his personal belongings, at the scene, for drugs and weapons. However, the court determined that defendant had not consented to the officers’ reading of an inculpatory note that had been written by defendant, which the officers discovered during their consensual search of defendant’s personal effects. The trial court also concluded that police officers’ seizure of the note tainted subsequent incriminating statements made by defendant during police questioning, because defendant had been confronted with this note during the interrogation. Based upon these determinations, the trial court suppressed the note written by defendant as well as his oral and written inculpatory statements to authorities. The State appeals from the trial court’s ruling.

We conclude that the police officers had probable cause to arrest defendant before the officers discovered the note written by defendant that was obtained during the officers’ consensual search of the defendant for drugs or weapons. We also determine that because there was probable cause to arrest defendant at that moment, the officers’ reading of the note constituted a lawful search and seizure of defendant’s personal effects for incriminating evidence that defendant might otherwise destroy or conceal. As a result, the trial court erred when it suppressed defendant’s note and his subsequent inculpatory statements during police questioning. Accordingly, we reverse and remand for further proceedings.

The record contains the following pertinent facts. On and prior to May 27, 1988, defendant lived with his girlfriend, H.S., in a unit of a trailer park in Des Plaines. According to defendant, he and H.S. had a heated argument in the late hours of May 27 during which defendant accused her of infidelity. At approximately 12:30 a.m. on May 28, defendant left the trailer, drove his automobile to a nearby park, and slept in the vehicle until 11:30 a.m., when he returned to the trailer. Upon entering the residence, defendant discovered H.S. lying on a mattress. She appeared to be dead. Defendant went to his mother’s trailer, which was located nearby, and authorities were summoned to the scene. Local paramedics discerned that H.S. may have died of suspicious causes and alerted the Des Plaines police department.

Officers Cheryl O’Malley and Bernie Whiter of the Des Plaines police department testified that when officers arrived at the scene, it appeared that H.S. might have been sexually assaulted and murdered. She was lying on her back across two mattresses on the floor and her nightclothes were pulled up. There was no significant sign of blood loss from the victim on the mattress or anywhere else in the trailer.

Although the door to the defendant’s trailer had both a key lock and a chain lock, there was no sign of forced entry into the trailer through the door or through any windows in the trailer. When the police asked defendant his whereabouts during the preceding evening, he gave the account set forth above. Defendant appeared highly agitated and erratic while he spoke with the police officers. Because his behavior was causing a group of people to gather at the scene, officers suggested that defendant sit in the back seat of a police vehicle, and he agreed. Defendant sat in the car with his legs outside the vehicle and his feet on the ground. He repeatedly stated that he could not understand “why they had to rape *** and kill” the victim and that he had “loved” the victim. Defendant also repeatedly pounded his head against a metal grate inside the police vehicle.

Because of defendant’s continued agitation, officers suggested that further discussion take place after defendant had been driven to the station in a police vehicle. Defendant assented to this suggestion. Defendant was then informed that, as a routine matter, Officers O’Malley and Whiter would have to search defendant and his personal belongings for drugs or weapons before he could be taken to the station in a police vehicle. Defendant agreed to this search. Officers O’Malley and Whiter testified that they did not believe defendant was under arrest at this time, and that if defendant had wanted to leave, there would have been no lawful reason to prevent him from doing so.

The two officers proceeded to search defendant’s personal effects. As defendant handed his wallet to the officers, a piece of paper fell from the wallet to the ground. Officer O’Malley and defendant both reached down to pick up the piece of paper. However, Officer O’Malley was able to do so before defendant reached the paper. Because of its weight, size, and configuration, Officer O’Malley believed that the paper probably did not contain drugs or a weapon. Officer O’Malley testified that as she was handing the paper to Officer Whiter, defendant attempted to “grab” it from her. He was unsuccessful, and Officer Whiter took possession of the document. Officer Whiter unfolded the paper to determine that neither a razor blade nor drugs were contained therein. The officer then read part of the contents of the note written on the paper. Based upon what he read, Officer Whiter determined that there was probable cause to arrest defendant for the murder of his girlfriend. However, Officer Whiter said nothing at this time to the defendant regarding defendant’s involvement in the murder, the contents of the note, or that defendant might be under arrest for the crime.

Thereafter, Officers O’Malley and Wolter searched, without incident, the remainder of defendant’s personal belongings and performed a pat-down of defendant’s person. All of defendant’s personal effects, with the exception of the note, were returned to defendant after the search. The note was retained in police custody. Defendant was then transported to the local police station. The entire substance of defendant’s note was read by the police before additional questioning of the defendant took place.

During interrogation at the station, defendant initially denied involvement in his girlfriend’s murder. When Officer Wolter asked defendant to explain certain portions of the note that had been recovered from defendant at the scene, defendant admitted that he had strangled his girlfriend. Thereafter, defendant gave an oral and written inculpatory statement to authorities.

In its ruling on the defendant’s motions to quash arrest and suppress statements, the trial court determined that the police officers had probable cause to arrest the defendant for the murder of H.S. based on the totality of the circumstances known to the officers at the scene of the crime. On this basis, the court denied defendant’s motion to quash his arrest. However, the trial court also concluded that defendant had not consented to Officer Wolter’s reading of the note that fell from defendant’s wallet, and that this document should therefore be suppressed from evidence at defendant’s trial.

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Related

People v. McGee
644 N.E.2d 439 (Appellate Court of Illinois, 1994)

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Bluebook (online)
567 N.E.2d 1104, 209 Ill. App. 3d 783, 153 Ill. Dec. 877, 1991 Ill. App. LEXIS 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ott-illappct-1991.