People v. Perry

562 N.E.2d 618, 204 Ill. App. 3d 782, 150 Ill. Dec. 88, 1990 Ill. App. LEXIS 1604
CourtAppellate Court of Illinois
DecidedOctober 16, 1990
Docket2-89-0459
StatusPublished
Cited by20 cases

This text of 562 N.E.2d 618 (People v. Perry) 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. Perry, 562 N.E.2d 618, 204 Ill. App. 3d 782, 150 Ill. Dec. 88, 1990 Ill. App. LEXIS 1604 (Ill. Ct. App. 1990).

Opinion

JUSTICE REINHARD

delivered the opinion of the court:

The State appeals pursuant to Supreme Court Rule 604(aXl) (107 Ill. 2d R. 604(aXl)) from an order of the circuit court of Du Page County granting a motion to quash arrest and suppress evidence filed by defendant, Cathy L. Perry.

The State raises the following issues on appeal: (1) whether the circuit court’s determination that the stop of defendant’s vehicle was pretextual is manifestly erroneous; and (2) whether the search of defendant’s purse was valid under Terry v. Ohio (1968), 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868, or, alternatively, was valid as a search incident to arrest.

Defendant was charged by information with the offense of the unlawful possession of less than 15 grams of a controlled substance containing cocaine (Ill. Rev. Stat. 1987, ch. 56V2, par. 1402(b)). Defendant filed a motion to quash her arrest and suppress the evidence seized, contending that the traffic citation issued to her was a mere pretext for an illegal stop and seizure, and that the subsequent search of her purse resulted from the illegal stop and was without probable cause.

The only witness to testify at the suppression hearing was Jack Pearson, a police officer with the Itasca police department. He testified that he observed defendant’s car pull into a parking lot on West Irving Park Road on July 12, 1988, at about 8:50 a.m. He observed that the car did not have a rear registration plate visible. The vehicle stopped in the parking lot, and the driver remained sitting in the vehicle. Several minutes later, the car backed out of the parking lot and proceeded about a block down Irving Park Road. Pearson, who had remained in the area on a fire department assistance call, then stopped the vehicle based on the fact that there was no rear registration plate. Pearson originally stated that he did not recall viewing a registration plate anywhere on the vehicle prior to the stop. After refreshing his recollection with the police report he completed regarding this offense, Pearson stated that he did obtain information regarding the registration plate prior to the stop. He did not remember whether he got the registration plate number from the front of the car or from a plate located somewhere inside the vehicle.

Pearson called in the registration plate number and was informed that the plates were registered to defendant. He was also informed over the radio that defendant had prior weapons offenses. He did not obtain any information as to the nature of those charges. Pearson recognized the name Cathy Perry from prior incidents and, after the stop, recognized defendant as an individual who had used numerous aliases. He asked defendant for her driver’s license. She responded that she did not have one. He then issued her a citation for having no rear registration plate and informed her that she would have to go with him to the Itasca police department to post bond.

Pearson testified that defendant was excited and insisted on having her purse. Pearson retrieved the purse from defendant’s vehicle. He asked her to sit in the rear of his vehicle and placed the purse on the front seat beside him. He did not allow defendant to have possession of the purse because of the communication that she had prior weapons offenses. When they walked between the two cars to get into the police vehicle, defendant tried to grab the purse. Pearson did not search defendant before she entered his vehicle.

At the police station, defendant continually insisted on having her purse. Pearson told her that he had to check the purse first. He stated that she finally responded, “Check my purse. But I want my purse now.” Pearson then searched the purse, which was a large, bag-type purse. He first pulled out a second purse. He then observed a white “sno-seal” on the inside of the larger bag which he seized. A “sno-seal” is a piece of paper folded in a manner to keep cocaine. He also searched the second purse. Pearson testified that he went through the purse so that, when he handed it back to defendant, he would know that there were no weapons in the purse and that he was safe. Pearson testified that, at the time he searched defendant’s purse, she was under arrest for having no rear registration plate and no driver’s license. He testified that, if she had possessed a driver’s license, she would have been released at the scene.

Following this testimony, the trial judge granted defendant’s motion to quash arrest and suppress evidence. The court noted that it was clear that Pearson learned that there was a registration plate prior to stopping the vehicle, so there must have been some registration on the front of the vehicle. He also stated that a “ticket would not have been issued under the circumstances, had the officer gone over to the vehicle in the first place and seen the proper registration on the front of the car.” He concluded that it was a pretextual stop based on the fact that Pearson testified that he knew of defendant’s past problems. He further noted that he questioned whether Pearson was actually concerned for his own safety as he did not search defendant before he put her into the backseat of the police car and did not initially look in the purse, but waited until he arrived at the police station.

The State first contends that defendant’s motion to suppress should not have been granted because the facts of this case do not support the trial court’s conclusion that the stop of defendant was pretextual. It argues that the uncontroverted testimony of Pearson established that he stopped defendant’s vehicle for a valid purpose, because the rear registration plate was not displayed. The State also maintains that, in any event, courts should not indulge in inquiries as to the subjective intent of an arresting officer if, objectively, probable cause exists for an arrest.

Defendant admits on appeal that there was no evidence presented to contradict the testimony that her car did not have a rear registration plate. She argues, however, that Pearson’s conduct revealed that he actually had other motives for stopping her vehicle that, alone, would not have permitted him to do so.

With respect to a motion to suppress evidence, the defendant has the burden of proving that the search and seizure were unlawful. (People v. Hoskins (1984), 101 Ill. 2d 209, 212, 461 N.E.2d 941.) A trial court’s ruling on a motion to suppress evidence will not be disturbed unless it is manifestly erroneous. People v. Redd (1990), 135 Ill. 2d 252, 289, 553 N.E.2d 316.

Section 3 — 413(a) of the Illinois Vehicle Code provides, in pertinent part:

“Registration plates issued for a motor vehicle *** shall be attached thereto, one in the front and one in the rear.” (Ill. Rev. Stat. 1987, ch. 95V2, par. 3 — 413(a).)

A violation of this provision is a Class B misdemeanor. (Ill. Rev. Stat. 1989, ch. 951/2, par. 3 — 915.) This court has recently held that the visual observation of a missing rear registration license plate constitutes reasonable grounds to stop a vehicle. (People v. Assenato (1989), 186 Ill. App. 3d 331, 338, 542 N.E.2d 457

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Cite This Page — Counsel Stack

Bluebook (online)
562 N.E.2d 618, 204 Ill. App. 3d 782, 150 Ill. Dec. 88, 1990 Ill. App. LEXIS 1604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-perry-illappct-1990.