People v. Peter

581 N.E.2d 128, 220 Ill. App. 3d 626, 163 Ill. Dec. 177, 1991 Ill. App. LEXIS 1676
CourtAppellate Court of Illinois
DecidedSeptember 30, 1991
Docket1-89-3497
StatusPublished
Cited by11 cases

This text of 581 N.E.2d 128 (People v. Peter) 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. Peter, 581 N.E.2d 128, 220 Ill. App. 3d 626, 163 Ill. Dec. 177, 1991 Ill. App. LEXIS 1676 (Ill. Ct. App. 1991).

Opinion

JUSTICE MURRAY

delivered the opinion of the court:

After a jury trial, defendant Victoria Peter (Peter) was found guilty of possession of a controlled substance with the intent to deliver. (Ill. Rev. Stat., 1988 Supp., ch. BGVe, pars. 1401(a)(1), 1401.2(1).) Peter had been apprehended by United States Customs agents upon entering this country after they discovered, concealed in her luggage, a container with 240.51 grams of 91% pure heroin. Peter was later sentenced to 12 years’ imprisonment, and she now appeals her conviction and sentence, contending that: (1) the State failed to prove that she knowingly possessed the contraband; (2) she was denied a fair trial due to the admission of certain opinion evidence; and (3) that the sentencing court improperly considered factors inherent in the offense, resulting in an excessive sentence. For reasons that follow, we affirm both the conviction and sentence.

According to testimony adduced at trial, Peter, a permanent resident alien, returned to the United States on October 20, 1988, after visiting her native country of Nigeria. She left Lagos, Nigeria, on the previous day and traveled first class on a flight arriving at O’Hare Airport via Amsterdam. Upon her arrival at O’Hare, she presented her passport and documents to an initial customs agent. Because her declaration card indicated that she was bringing agricultural products into the country and because she had traveled from a “narcotics source country,” inspection of her luggage was necessary. For this reason she was directed to the secondary checkpoint.

Peter proceeded to the next inspection station with her luggage, which consisted of one carry-on bag and a suitcase. At this secondary inspection point, Inspector Petry checked the contents of Peter’s luggage. He testified that he first inspected her carry-on bag, which contained cosmetics and personal hygiene items. He then inspected her suitcase and found that it contained some grain products and a package which appeared to contain a large quantity of strong-smelling, smoked fish wrapped in plastic. Amid the package of fish, however, was a hard solid object also wrapped in plastic. He removed this object, unwrapped it and found that it was a canister of powder.

At this point Peter took the canister out of his hands, shook some of the scented powder onto his hand and exclaimed, “Oh, that’s nothing, just talcum powder.”

Although his suspicions had been aroused, he set the canister aside and continued with his inspection of Peter’s suitcase. When he was done, however, he picked the canister back up and said that he wanted to take a closer look. Inspector Petry testified that a momentary look of panic passed across Peter’s face but that she regained her composure immediately and assured him that the canister contained talcum powder.

Inspector Petry took the SVa-inch by 4-inch round canister to a nearby X-ray machine and X-rayed the canister. The machine revealed that the canister contained an internal partition. To check this, the inspector inserted a probe into the canister and found that the probe could only be inserted to about one-quarter of an inch. He then emptied the small amount of powder from the top portion of the canister and field tested it, finding it to be talcum.

The inspector then punctured the secret compartment with a pocket knife and found that it contained a white powder, which field tested positive for the presence of heroin. The canister was then confiscated, placed in a sealed container and turned over to Drug Enforcement Agency officials. Peter was placed under arrest.

Further analysis of the substance in the canister revealed that it was 240.51 grams of white heroin, which was approximately 91% pure. Its street value was estimated at about $2 million.

Peter raises no issues concerning the chain of custody of the evidence. In fact, Peter does not deny that she had in her possession a package containing heroin. Rather, Peter contends that the State did not prove her guilty beyond a reasonable doubt because it did not prove that she possessed the container knowing that it contained the contraband.

Peter testified at trial that, after visiting her family in Callaba, Nigeria, she purchased a first class, standby ticket for a flight scheduled to leave Lagos, Nigeria, on Monday evening, October 17, 1988. According to her testimony, she traveled with her friend, Nasser Aipaye, to Lagos, the capital and only city with an international airport, and stayed at the home of Kunle Adeshiyan, a friend of Aipaye’s. On Monday she learned that the flight for that evening was full and that she could not leave. However, she was allowed to remain at Adeshiyan’s home until she was able to obtain a seat on a flight leaving Lagos on Wednesday, October 19, 1988.

Peter testified that on Tuesday her host, Adeshiyan, asked her to take some presents with her for a friend of his in the United States and that she agreed. She did not know who this friend was, nor did she know his name, but stated that he lived in New York and was to call her regarding the gifts. The presents allegedly included some food items, some creams and soaps, and other unidentified items. She indicated that he gave her these items contained within a Nigerian lady’s handbag, but that she separated the food items for packing them within her suitcase. The other items, she claimed, remained inside the purse within her luggage.

Peter further testified that upon arriving in the United States she reported that she was bringing food items into the country, knowing from past experience that she would be subjected to a rigorous inspection. She also claimed that she was unconcerned when the inspector removed the canister from her luggage and denied taking the canister out of his hand or saying anything to him concerning its contents. Peter also denied that the canister was wrapped individually in plastic amid the fish and claimed that the canister was taken from inside the purse. Finally, she claimed that it was only when she was arrested that she learned that the canister contained a controlled substance.

In her first issue, Peter argues that she was not proved guilty of knowingly possessing heroin. She contends that the State’s own evidence indicates that the compartment containing the contraband was concealed within the canister of powder and that it was only susceptible to discovery with the use of an X-ray machine. Consequently, she contends that it was unreasonable to conclude that she had knowledge of its presence. We disagree.

Although the successful prosecution of the offense of possession of a controlled substance with the intent to deliver requires proof beyond a reasonable doubt that the offender knowingly possessed the contraband, the knowledge element is rarely susceptible to direct proof. (People v. Pintos (1989), 133 Ill. 2d 286, 291-92, 549 N.E.2d 344.) It may be proven, therefore, by use of circumstantial evidence, i.e., evidence of acts, declarations, or conduct of the accused from which the inference may be fairly drawn that he or she possessed the requisite knowledge. People v. Embry (1960), 20 Ill. 2d 331, 334, 169 N.E.2d 767; People v. DeCesare (1989), 190 Ill. App.

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Bluebook (online)
581 N.E.2d 128, 220 Ill. App. 3d 626, 163 Ill. Dec. 177, 1991 Ill. App. LEXIS 1676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peter-illappct-1991.