People v. Paarlberg

612 N.E.2d 106, 243 Ill. App. 3d 731, 183 Ill. Dec. 849, 1993 Ill. App. LEXIS 515
CourtAppellate Court of Illinois
DecidedApril 9, 1993
Docket3-92-0431
StatusPublished
Cited by20 cases

This text of 612 N.E.2d 106 (People v. Paarlberg) 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. Paarlberg, 612 N.E.2d 106, 243 Ill. App. 3d 731, 183 Ill. Dec. 849, 1993 Ill. App. LEXIS 515 (Ill. Ct. App. 1993).

Opinion

JUSTICE LYTTON

delivered the opinion of the court:

Defendant Todd A. Paarlberg was arrested for reckless driving, his automobile was impounded, and the defendant and his vehicle were searched. Thereafter, the defendant was charged with three counts of unlawful possession of a controlled substance. Defendant filed a motion to suppress evidence. At the hearing on the motion to suppress, defense counsel amended his motion to also request the suppression of statements made by the defendant. The trial judge granted defendant’s motion, and the State appealed. We affirm.

In his motion to suppress, the defendant alleged that he was arrested by the Wilmington police department without probable cause, the defendant and his car were subjected to a warrantless search, and the purported inventory search of the car was pretextual.

At the hearing on the motion to suppress, defendant Todd A. Paarlberg testified that at approximately 9:05 p.m. on August 22, 1991, he was driving on a two-lane road between his work as a pharmacist in Wilmington and his home in Manhattan, Illinois. Once he negotiated a curve, the road became a straightaway with a speed limit of 55 miles per hour. It was at this point that the defendant passed the car in front of him. Paarlberg testified that he was driving approximately 35 miles per hour before beginning his acceleration and passing maneuver.

The vehicle that Paarlberg passed was an unmarked police car. The police officer activated his lights and stopped the defendant’s car. The policeman approached the defendant and asked to see his license and insurance card. The officer then asked Paarlberg to step from his car and perform sobriety tests.

As Paarlberg was performing the field sobriety tests, another officer arrived. That officer entered the defendant’s vehicle, searched the car’s interior and glove compartment, and found a bottle of Parepectolin. Paarlberg was questioned about his place of employment and then handcuffed. The defendant was told that he had been driving in the lane of oncoming traffic, he was under arrest for reckless driving, and his car was being impounded.

The State’s only witness was Officer Michael Boyle. Boyle testified that he was on patrol on Route 53 in an unmarked police car. He saw the defendant’s car approach from behind, proceed into the left lane three times, and then return behind Boyle’s car. Boyle observed oncoming traffic prior to the defendant returning to the proper lane behind Boyle’s police car. The officer testified that the defendant’s car came “within feet of my vehicle.”

The defendant’s car stayed in its lane behind Boyle. This portion of the road was marked with two solid yellow no-passing lane markers.

Boyle testified that he pulled his car to the right portion of his lane, and the defendant passed him. In completing the passing maneuver and returning to its proper lane, the defendant’s vehicle contacted the gravel shoulder.

The officer then activated his lights and stopped the defendant’s car. Boyle asked the defendant for his driver’s license and proof of insurance. Although he could not smell alcohol, Boyle asked the defendant to perform field sobriety tests. The defendant passed these tests. During the field sobriety tests, an Officer Lewis arrived, viewed one of the tests, went into the defendant’s car, and returned with an object which he found in the glove compartment. The defendant was then searched and additional objects were found in the defendant’s pockets. Boyle testified that it was the procedure in his department to take reckless driving suspects into custody and for the suspect’s car to be inventoried and towed.

On cross-examination, Boyle testified that he had pulled the police car to the right near an intersecting road. The officer testified that it was possible that someone would believe that his car was turning off onto the intersecting road.

Officer Boyle also testified that his rearview mirrors, which had been used to observe the defendant’s car, distorted distances. However, Boyle could not testify as to the distortion factor of the mirror. The officer was also unsure of the distance between the end of the curve in the road and the point at which passing is permitted, though he did speculate that the distance might be 200 feet.

The officer also testified that his department has a policy requiring custodial arrests for reckless driving, but this policy was not in writing. He was also unsure if the department’s policy requiring an inventory search of all towed cars was in writing. Boyle did testify, however, that he was aware that Illinois Supreme Court rules permit an allegedly reckless driver to post either money or a driver’s license as bond. Nonetheless, Boyle did not give the defendant an opportunity to post either money or his license for bond.

Boyle testified that, after observing the defendant and conducting the field sobriety tests, he lacked probable cause to arrest the defendant for driving under the influence. It was then that he placed the defendant under arrest for reckless driving. While Boyle outranked Officer Lewis, he had never instructed Lewis to search the vehicle.

At the close of evidence, the trial judge allowed the defense to amend its motion to include a request for the suppression of statements made by the defendant. After hearing the arguments of counsel, the trial judge ordered the suppression of all materials seized and all statements made by the defendant after Officer Boyle informed the defendant that he was under arrest.

In light of the trial judge’s ruling, the State filed a notice of appeal and the requisite certificate of impairment. 134 Ill. 2d R. 604(a)(1); People v. Young (1980), 82 Ill. 2d 234, 247-49, 412 N.E.2d 501.

On appeal, the State asserts that the trial judge erred in suppressing evidence seized by the police during the inventory search of the defendant’s automobile. The State contends that the impounding of the defendant’s car, the search and the subsequent seizure of evidence were within the officer’s authority pursuant to the United States Supreme Court’s decisions in Colorado v. Bertine (1987), 479 U.S. 367, 93 L. Ed. 2d 739, 107 S. Ct. 738, and Florida v. Wells (1990), 495 U.S. 1, 109 L. Ed. 2d 1, 110 S. Ct. 1632, as well as the Illinois Vehicle Code (Ill. Rev. Stat. 1991, ch. 951/2, par. 11 — 1302(c)). The State also argues that suppression of the defendant’s statements was not required because the case involved a routine traffic stop.

The defendant contends that the facts do not support the State’s claim that the search in this case constituted an inventory search. The defendant argues that suppression was appropriate since the search commenced prior to impoundment. Additionally, the defense asserts that the police erred in making a custodial arrest in a reckless driving case.

We need not address the issues as presented, however, inasmuch as we decide to affirm the ruling of the circuit court on a basis other than those raised by the litigants.

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Bluebook (online)
612 N.E.2d 106, 243 Ill. App. 3d 731, 183 Ill. Dec. 849, 1993 Ill. App. LEXIS 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-paarlberg-illappct-1993.