People v. Perez

619 N.E.2d 887, 249 Ill. App. 3d 912, 189 Ill. Dec. 186
CourtAppellate Court of Illinois
DecidedSeptember 7, 1993
Docket2—92—0002, 2—92—0003 cons.
StatusPublished
Cited by11 cases

This text of 619 N.E.2d 887 (People v. Perez) 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. Perez, 619 N.E.2d 887, 249 Ill. App. 3d 912, 189 Ill. Dec. 186 (Ill. Ct. App. 1993).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Following a bench trial in the circuit court of Du Page County, defendants, Armando Perez and Norman Campbell, were found guilty of armed robbery (Ill. Rev. Stat. 1991, ch. 38, par. 18 — 2(a) (now 720 ILCS 5/18 — 2(a) (West 1992))) and aggravated battery (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 4(b)(1) (now codified, as amended, at 720 ILCS 5/12 — 4(b)(1) (West 1992))). The sole issue raised on appeal is whether the trial court erred in denying defendants’ motion to quash arrest and suppress evidence, finding that the police personnel investigating this case had a reasonable and articulable basis for executing a stop of defendants’ vehicle.

At the suppression hearing, Brian L. De Young, a police officer for the Village of Burr Ridge, testified that at approximately 12:35 a.m. on May 31, 1991, he was parked in his squad car at the Burr Ridge police station when he received a dispatch call of an armed robbery in progress at the Best Western Hotel. De Young stated that the Burr Ridge station is located on County Line Road approximately 200 yards south of the intersection of Frontage Road and County Line Road. The Best Western Hotel was located on Frontage Road about one-fourth mile, or two blocks, west of that same intersection. De Young testified that two office buildings and a funeral home were also located in that area, but the hotel was the only business open at that time of night.

As he was leaving the station, De Young spotted a Toyota/Nissan-type vehicle stopped at the intersection of Frontage Road and County Line Road. This vehicle had come from the direction of the Best Western Hotel. The vehicle turned from eastbound Frontage Road onto northbound County Line Road. De Young lost sight of the vehicle as it travelled north. This vehicle was the only one De Young saw on the road as he drove to the hotel. DeYoung testified that an entrance ramp to southbound 1-55 is located on County Line Road just to the north of the Frontage Road intersection.

De Young proceeded on to the Best Western Hotel, arriving within a minute or two after he received the initial dispatch. De Young did not see anyone inside the office through the front windows. He was then told by the dispatcher that she had the victims on the telephone and the perpetrators had just left.

De Young responded by turning his vehicle around and proceeding back to County Line Road. He informed dispatch of the vehicle he had seen earlier, describing it as a Toyota or Nissan-type vehicle, possibly gray in color, believed headed northbound on County Line Road to southbound 1-55. De Young testified that the vehicle could not have headed northbound on 1-55 because that exit had been blocked. De Young proceeded northbound on County Line Road in an attempt to locate the vehicle in case it had not gotten onto southbound 1-55. While he drove north on County Line Road to Plainfield Road, De Young encountered only one other vehicle.

The dispatcher obtained and radioed a general description of the robbery suspects: one male black and one male Hispanic. At approximately 12:34 a.m. on May 31, 1991, Patty Pasakamis, police officer for the City of Darien, received a dispatch concerning the robbery in progress in Burr Ridge. She knew that southbound 1-55 was easily accessible from the hotel, and she parked along the shoulder of 1-55 so she could monitor passing traffic. The location she chose was five to seven miles from the County Line Road entrance to 1-55 and was well lit by artificial lighting. She was radioed the description of the vehicle seen leaving the area and the general description of the suspects, and she watched for a vehicle and suspects that matched that description.

Approximately 10 minutes after she had taken up her position, she spotted a Nissan with a male black driver and a male Hispanic passenger. Pasakarnis proceeded after the vehicle. Pasakarnis testified that the color of defendants’ Nissan was actually brown instead of gray, but she noted that “due to the night time and the glare from the lights, you can’t really tell the color, unless it is say a bright red or yellow, until you get directly up to it.” She also testified that during the period of time she was parked on 1-55 one car passed her position every 10 to 15 seconds. Pasakarnis stated that she had observed a possible total of 30 to 50 cars before seeing defendants’ car.

Pasakamis followed the vehicle southbound on 1-55 toward northbound 1-355, and then onto northbound 1-355. During this time she pulled up next to the suspect vehicle and verified that the occupants of the vehicle matched the general description she had received. Pasakarnis then backed off and activated her squad’s Mars lights and spotlight in an attempt to stop the suspect vehicle. As she did this, she observed the passenger reach over and make a lot of movements towards the backseat of the car. Defendants disputed this observation during their testimony. The vehicle finally pulled over on 1-355 just past Broughton Road. Guns and money were eventually discovered under the backseat of the vehicle, and De Young identified the vehicle as the one he had seen leaving the area of the hotel.

The trial court noted in its findings of fact that an armed robbery occurred at the Best Western Hotel, and within one minute the police arrived. At the time the officer approached the hotel, it was very late and there was little traffic. Officer De Young made a note of the only vehicle he saw in the area and that its direction of travel would take it either southbound on 1-55 or farther north on County Line Road. A very generic description of the robbery suspects was sent out by the dispatch as well as a description of the vehicle. A few minutes later, Officer Pasakamis observed a similar sedan whose occupants matched the general description of the suspects. The court concluded that at that point there were articulable facts which, taken together with reasonable inferences, justified an investigatory stop of defendants’ vehicle. The trial court accordingly denied defendants’ motions to quash arrest and suppress the evidence. Defendants were subsequently found guilty of the charges at a bench trial.

On appeal defendants challenge the trial court’s ruling that there was a reasonable, articulable basis for stopping defendants’ vehicle. Defendants assert that the stop was based merely on “a lucky guess” and was not the product of reasonable suspicion.

As a general rule, the law provides that each case must be decided on its own facts, and a trial court’s ruling on a motion to suppress will not be disturbed unless it was manifestly erroneous. (People v. Galvin (1989), 127 Ill. 2d 153, 162; People v. Clark (1982), 92 Ill. 2d 96, 99; People v. Frazier (1993), 248 Ill. App. 3d 6, 12; People v. Bujdud (1988), 177 Ill. App. 3d 396, 401.) A police officer may stop and temporarily detain an individual for the purpose of a limited investigation if the officer is able to point to specific, articulable facts which, taken together with reasonable inferences drawn from the officer’s experience, would reasonably justify the investigatory intrusion. (Terry v. Ohio (1968), 392 U.S. 1, 30, 20 L. Ed. 2d 889, 911, 88 S. Ct.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Maxey
2011 IL App (1st) 100011 (Appellate Court of Illinois, 2011)
Village of Mundelein v. Thompson
793 N.E.2d 996 (Appellate Court of Illinois, 2003)
People v. Billingslea
Appellate Court of Illinois, 1997
People v. Graves
667 N.E.2d 96 (Appellate Court of Illinois, 1996)
People v. Rivera
650 N.E.2d 1084 (Appellate Court of Illinois, 1995)
People v. Walters
627 N.E.2d 1280 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
619 N.E.2d 887, 249 Ill. App. 3d 912, 189 Ill. Dec. 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-perez-illappct-1993.