People v. Paudel

613 N.E.2d 344, 244 Ill. App. 3d 931, 184 Ill. Dec. 317, 1993 Ill. App. LEXIS 645
CourtAppellate Court of Illinois
DecidedMay 6, 1993
Docket2-91-0593
StatusPublished
Cited by14 cases

This text of 613 N.E.2d 344 (People v. Paudel) 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. Paudel, 613 N.E.2d 344, 244 Ill. App. 3d 931, 184 Ill. Dec. 317, 1993 Ill. App. LEXIS 645 (Ill. Ct. App. 1993).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Defendant, Sanjay Paudel, was charged in the circuit court of Du Page County with the offense of unlawful possession of a controlled substance (heroin) (Ill. Rev. Stat. 1989, ch. 56 1/2, par. 1402(b)). Following the trial court’s denial of his motion to suppress evidence, defendant was found guilty of this offense in a stipulated bench trial and sentenced to a one-year term of probation (Ill. Rev. Stat. 1989, ch. 56 1/2, par. 1410) and a $200 fine. Defendant argues in this timely appeal that the trial court erred by relying on the medical emergency corollary to the exigent circumstances exception in denying his motion to suppress evidence.

Prior to trial, defendant filed a motion to suppress evidence, asserting that the police violated his fourth amendment rights by entering his residence and conducting a search of his bedroom without a search or arrest warrant and without his consent. At the hearing on that motion, the court heard the testimony of several witnesses.

Officer Robert Mudra testified that on the morning of September 26, 1990, he received a call to report to the defendant’s residence concerning an unconscious male. He was the first official person to arrive at this location. He knocked at the door and was admitted by a young woman who told him defendant was passed out and pointed to the location of defendant. Mudra found the defendant lying on the floor and waited for fire fighters and paramedics to arrive. Defendant was lying in a hallway halfway between his bedroom and bathroom in an unconscious and unresponsive state. Paramedics and another officer arrived within a minute and began resuscitation efforts. Mudra spoke to a second female in the house and asked her the normal questions for the paramedics concerning defendant’s medical history. These included questions about defendant’s past medical history, whether he was on drugs, and if he was presently taking drugs or prescription medication. This information was to assist the paramedics in their treatment of defendant. Defendant’s brother-in-law and a family friend arrived, and Mudra asked them if defendant used drugs, if he was on any medication or if he had other medical problems. They had no knowledge of these facts.

Mudra further testified that he assisted the paramedics and fire fighters by moving equipment and by trying to keep the family isolated from defendant and the paramedics. After 15 or 20 minutes of efforts by the paramedics, they gave defendant an injection and he regained consciousness. They then placed defendant on a stretcher and took him in an ambulance. Mudra assisted by carrying the equipment to the ambulance. The paramedics still needed further information, and defendant told them that he was taking some sort of medication. Mudra then asked the woman he had first spoken with whether he could look around to see if he could locate the medication, and she granted him permission. He searched the bathroom without finding anything and then searched the bedroom. He was searching for the medication because the paramedics needed to know what dosage defendant took. Mudra also spoke to defendant’s sister, who gave permission to search both the bathroom and defendant’s bedroom for medication. After finding no medication in the bathroom or in plain view in defendant’s bedroom, Mudra began looking through dresser drawers and desk drawers while Officer Lewis Hayes looked in the closet. Within two minutes Mudra opened a dresser drawer and found a controlled substance. At that time defendant was either in the ambulance or on his way to the hospital. After the controlled substance was discovered, a friend of the family stated, “I think you guys should stop looking,” and the officers complied with his request.

On cross-examination Mudra testified that it is standard procedure for an officer to accompany medical personnel for the purpose of obtaining information and controlling persons at the scene of an incident. At the time of the bedroom search the officers were not engaged in any criminal investigation of anyone in the house. Items found by him in the dresser drawer included a white substance, a large spoon, a rolled-up dollar bill and a baggie.

Officer Lewis P. Hayes testified that on the morning of September 26 he received a call to report to the Paudel residence. When he arrived at least two police units and an ambulance were already at the scene. The front door of the house was open, and he entered and approached the area where the firemen were assisting defendant. The firemen informed Hayes that defendant was unconscious and not responsive to resuscitation efforts. Hayes then turned to the two young women who were present and asked them questions concerning defendant’s general health and activities. He asked whether defendant had done any physical exercise that morning, what he was allergic to, any types of medication, if he was taking medication and whether he was diabetic or had any other physical ailments. He also asked if there had been any history of substance abuse. Both women indicated that defendant was not taking any medication that they knew of, was not allergic to anything and had no history of substance abuse. By that time defendant had been “down” for more than an hour, and Hayes wanted to assist the firemen. A fire fighter informed Hayes that a paramedic had administered Narcan to defendant and that defendant was becoming conscious. The fire fighter said that Narcan is a medication used to neutralize the effects of opiates and that there was a good chance that defendant had used some type of opiate. Hayes heard the paramedics ask defendant whether he was taking any medication, and defendant responded that he was taking Prozac. They asked him what the dosage was, and he stated he did not know. Defendant wanted to get up but the paramedics wanted to keep him down so they could administer aid and talk him into going to the hospital for a checkup. Eventually defendant agreed and was removed from the house on a stretcher and taken to the hospital.

According to Hayes, after defendant was placed in the ambulance Hayes and Mudra asked the two young women for permission to look in defendant’s room because it appeared that defendant had left that room on his way to the bathroom when he fell. The officers asked if they could look in the bedroom for the purpose of finding medication which defendant may have taken. It was the officers’ intention to communicate the information to the ambulance crew so that they could relay it to the hospital while traveling to the hospital. The officers were looking for any kind of drug which might have been used to cause defendant’s condition. Hayes also looked in the bathroom for medication, but he found none. Hayes asked both females for permission to search defendant’s room to look for medication. Both said almost in unison that it was okay for the officers to search the room. Hayes testified that he would not have conducted the search without their consent. Hayes testified that he looked in the closet to see if there was anything in the open that was visible. Mudra looked on the desk and opened the drawer of the dresser where he removed a spoon, a rolled-up dollar bill and a white powdery substance. At that time the two previously mentioned young women were in the room along with a man.

After the controlled substance was found, the man indicated that he thought that there should be no further search.

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Cite This Page — Counsel Stack

Bluebook (online)
613 N.E.2d 344, 244 Ill. App. 3d 931, 184 Ill. Dec. 317, 1993 Ill. App. LEXIS 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-paudel-illappct-1993.