People v. Parker

820 N.E.2d 1016, 354 Ill. App. 3d 40, 289 Ill. Dec. 941, 2004 Ill. App. LEXIS 1410
CourtAppellate Court of Illinois
DecidedNovember 30, 2004
Docket1-03-1595
StatusPublished
Cited by15 cases

This text of 820 N.E.2d 1016 (People v. Parker) 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. Parker, 820 N.E.2d 1016, 354 Ill. App. 3d 40, 289 Ill. Dec. 941, 2004 Ill. App. LEXIS 1410 (Ill. Ct. App. 2004).

Opinion

JUSTICE HALL

delivered the opinion of the court:

In October 2000, defendant Kendral Parker was indicted for one count of possession with intent to deliver a controlled substance of more than 900 grams of cocaine, three counts of aggravated unlawful use of a weapon, and two counts of unlawful use of a weapon by a felon.

On January 16, 2002, a hearing was held on defendant’s motion to quash arrest and suppress evidence. After hearing testimony from the arresting officers and arguments from both sides, the trial court denied the motion, finding that the absence of a front license plate on the vehicle defendant was driving at the time of his arrest provided a sufficient basis for the officers to make the initial traffic stop. The trial court further found that during the course of the traffic stop, one officer’s observation of a climate control panel door closing over the vehicle’s dashboard, which indicated the possible presence of an illegal secret compartment, and the officer’s subsequent recovery of cannabis from defendant’s person provided probable cause for defendant’s arrest and seizure of his vehicle.

On October 23, 2002, a hearing was held on defendant’s motion to suppress a statement he made to police at the scene regarding his ownership of the vehicle in which a handgun and cocaine were recovered. In his motion, defendant argued that arresting officers elicited a custodial statement from him at the scene regarding his ownership of the vehicle prior to informing him of his Miranda rights. The trial court denied the motion, finding that defendant made the statement in a noncustodial setting outside the scope of Miranda.

Immediately after the trial court denied defendant’s motion to suppress his statement, he waived his right to a jury trial, and the cause proceeded to a bench trial. Following the bench trial, defendant was found guilty on all six counts.

On January 7, 2003, after defendant’s motion for a new trial was denied, the trial court entered sentence on counts I and II, having found that the aggravated-unlawful-use-of-a-weapon charges merged into the charges of unlawful use of a weapon by a felon. Defendant was subsequently sentenced to concurrent terms of 15 years’ imprisonment for possession with intent to deliver the cocaine and 6 years’ imprisonment for aggravated unlawful use of a weapon. Defendant appeals his conviction.

On appeal, defendant contends that: (1) the warrantless search and seizure of his minivan was unconstitutional; (2) even if police officers had probable cause to conduct an on-the-scene warrantless search of his minivan, officers did not have the right to drive the van to the police station for its warrantless dismantling; (3) police officers did not have probable cause for the initial traffic stop where he was not in violation of the headlamp ordinance; (4) we should grant his request for a remand for the limited purpose of taking evidence that would establish that his license plate was displayed inside the minivan’s front windshield when he was stopped for the traffic violation; (5) the Illinois “secret compartment” statute is unconstitutionally vague; (6) the trial court erred in denying his motion to suppress statements he gave to police at the scene regarding his ownership of the minivan; and (7) he was denied effective assistance of trial counsel. For the reasons that follow, we affirm.

BACKGROUND

On October 6, 2000, at approximately 6:35 p.m., near 121 South Parnell Avenue in Chicago, Illinois, Officer Rafael Martinez and Officer Karina Aguilar were on routine patrol driving westbound in a marked squad car when Officer Martinez noticed a minivan traveling eastbound toward him. According to Officer Martinez, the minivan’s front license plate was missing and its front headlights were off even though it was dusk and all the other vehicles traveling the road had their headlights on.

After following the minivan for approximately one block, Officer Martinez initiated a traffic stop and defendant pulled over to the curb. Officer Martinez exited his squad car and approached the minivan on the driver’s side, while his partner approached on the passenger side. Defendant was in the driver’s seat and a second man, later identified as Anthony Ridley, was in the passenger seat.

Officer Martinez testified that as he walked toward the driver’s window to ask defendant for his license and insurance information, he glanced inside the minivan and observed a panel on the dashboard move from an open to a closed position. Based on his experience, the officer believed that the moving panel indicated the presence of an illegal false or secret compartment hidden in the dashboard. The officer also noticed two grocery-size plastic bags containing large amounts of United States currency sitting on the floor of the vehicle between the driver and passenger seats.

After defendant produced a valid driver’s license and insurance card, Officer Martinez asked defendant if he owned the minivan, to which defendant replied, “It’s mine, but it’s in my girlfriend Laquita’s name.” Officer Martinez then asked defendant to exit the minivan.

Upon exiting the minivan defendant was arrested for operating a vehicle with an illegal secret compartment. Ridley was also arrested. Custodial searches of defendant and Ridley were conducted at the scene, and each individual was found to be in possession of a small bag of a green leafy substance the officers suspected was cannabis.

Following the arrests, defendant, Ridley, and the minivan were transported to the police station. At the police station, the minivan was examined by a police expert in secret compartments, who discovered a 9-millimeter handgun in a secret compartment built into the dashboard and over four kilograms of cocaine hidden in secret compartments located in the rear of the van.

After a bench trial, defendant was convicted on all counts and was subsequently sentenced to concurrent terms of 15 years’ imprisonment for possession of more than 900 grams of cocaine with intent to deliver and 6 years’ imprisonment for aggravated unlawful use of a weapon.

ANALYSIS

Defendant first contends that the trial court erred in denying his motion to suppress evidence. We disagree.

In regard to our standard of review, when a trial court’s ruling on a motion to suppress evidence involves factual determinations and credibility assessments, the ruling is generally subject to reversal only if it is manifestly erroneous. People v. Buss, 187 Ill. 2d 144, 204, 718 N.E.2d 1 (1999). However, as in this case, where there are no factual or credibility disputes and the only issue is the application of the law to undisputed facts, our standard of review is de novo. People v. Rockey, 322 Ill. App. 3d 832, 836, 752 N.E.2d 576 (2001); see People v. Sanchez, 292 Ill. App. 3d 763, 768, 686 N.E.2d 367 (1997) (trial court’s ultimate determination regarding reasonableness of warrantless search of motor home is subject to de novo review); People v. Sorenson, 196 Ill. 2d 425, 431, 752 N.E.2d 1078 (2001) (declaring that when motion to suppress ultimately turns on questions of reasonable suspicion and probable cause, reviewing court must apply de novo standard of review).

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Cite This Page — Counsel Stack

Bluebook (online)
820 N.E.2d 1016, 354 Ill. App. 3d 40, 289 Ill. Dec. 941, 2004 Ill. App. LEXIS 1410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-parker-illappct-2004.