People v. Peterson

618 N.E.2d 388, 248 Ill. App. 3d 28, 187 Ill. Dec. 797, 1993 Ill. App. LEXIS 773
CourtAppellate Court of Illinois
DecidedJune 1, 1993
Docket1 — 91—2271
StatusPublished
Cited by22 cases

This text of 618 N.E.2d 388 (People v. Peterson) 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. Peterson, 618 N.E.2d 388, 248 Ill. App. 3d 28, 187 Ill. Dec. 797, 1993 Ill. App. LEXIS 773 (Ill. Ct. App. 1993).

Opinion

JUSTICE HARTMAN

delivered the opinion of the court:

Defendant was convicted by a jury of possessing a controlled substance with intent to deliver. (Ill. Rev. Stat. 1987, ch. 56½, par. 1401(a)(2).) He was sentenced to six years in custody of the Department of Corrections.

On appeal defendant raises as issues whether (1) the stop, search and seizure involved in his arrest was constitutional; (2) his right to remain silent upon arrest was improperly considered by the jury; (3) prosecutorial argument deprived him of a fair trial; and (4) he was denied effective assistance of counsel. We affirm.

At trial, Chicago police officer Russ Willingham testified that on December 3, 1988, at about 12:45 a.m. he and his partner, Officer Kevin Gyrion, received a radio transmission of “[a] man shot at 43rd and Lamond.” As the officers approached the area, they observed a vehicle, without license plates, being driven at a fast speed from the area where the shooting reportedly had occurred. They activated their lights and attempted to pull the vehicle over. After pursuit of one block, they stopped the vehicle, which contained four people.

When the officers alighted from the squad car, Officer Willingham walked to the passenger side of the subject vehicle and Officer Gyrion went to the driver’s side. Willingham observed defendant, who was sitting on the rear passenger side, bend forward. As defendant exited the vehicle, he placed something into his right pocket. Defendant then attempted to walk away. Willingham stopped him and brought him back to the car. Willingham saw a large clear plastic bag containing money and a white substance protruding from defendant’s right coat pocket. After taking the bag, Willingham discovered inside individual packages of white powder, later found to be 37 in number, of which 36 contained cocaine, commingled in the larger bag with currency, later found to be $209 in small bills. Willingham also related that as Gyrion was searching the driver, the driver pushed Gyrion and fled.

During the course of their investigation, the officers found no connection between that car or its occupants and the radio shooting advisory. No weapons were recovered. Officer Willingham identified defendant in court.

Officer Gyrion’s testimony substantially tracked that of Officer Willingham, stating that the car carrying the four individuals was moving extremely fast for a residential street, and that the car would not pull over for one block after they activated the squad’s lights and siren. Once the driver exited the car, he conducted a pat-down search of the driver’s jacket and then his pants, looking for a gun or weapon. A huge bulge was found in the driver’s groin area. Gyrion unzipped the driver’s pants and noticed a clear plastic baggie containing a white powdery substance. The driver pushed Gyrion and ran. Gyrion did not chase the driver because he did not want to leave his partner with the remaining three people. When the car was stopped, Gyrion did not know whether the car was connected to the shooting. Gyrion identified defendant in court.

Chicago police department chemist Gwendolyn Brister testified as an expert in forensic chemistry. She analyzed the substances taken in the stop and search and determined that 36 of the 37 packages contained about 18 grams of cocaine. The State rested.

For the defense, Ronald Lee testified that on December 3, 1988, at about 12 a.m., he was walking with his brother Mario Lee on 43rd Street toward their home located at 4645 South Lamond. They were offered a ride in a car driven by a man named Frank, and defendant, who was in the front passenger seat. Defendant got in the back and Ronald got in the front seat. Mario got in on the driver’s side in the back. Neither defendant nor Frank was wearing a coat. One-half block from the Lees’ house, a police car pulled them over. The officers asked them to step out of the car with their hands up. As they were exiting the car, defendant grabbed one of two coats on the back seat and put it on. One officer searched Frank. When he pulled Frank’s pants open a plastic bag fell out. Frank shoved the police officer and ran. The police then searched the other three. Ronald never saw defendant attempt to walk away from the scene or the police officer grab defendant and tell him not to walk away.

On cross-examination, Ronald testified that he has been defendant’s friend for 12 or 13 years. Ronald previously had been convicted of two felonies and currently was serving a sentence at Weston Illinois Correctional Center. Mario also was in prison. Frank ran from the police without a coat.

Defendant testified that on December 3, 1988, as he left his girlfriend’s house, he saw Frank starting his car in a parking lot. Defendant put his coat on the back seat. After driving less than two minutes, defendant saw Ronald and Mario. Defendant told Frank to stop because they lived on his block. Ronald and Mario got in the car. Five minutes later, the police pulled the car over. When police asked defendant to get out, he was given police permission to put his jacket on, which he did. Defendant heard another officer utter “halt.” Frank was running down the street and pulling his pants up. Defendant was instructed to put his arms on the car, and an officer searched him. After a second search, the officer pulled a plastic bag out of the jacket defendant wore, which was not his, but Frank’s. Defendant told this to the police. He never tried to walk away.

During cross-examination, defendant testified that when Frank was running down the street he was not wearing a jacket. Defendant’s own jacket was still in the car.

Defendant rested.

In rebuttal, Officer Gyrion testified that after the three people were placed under arrest, he thoroughly searched the automobile. He was looking for some kind of weapon because he believed that the arrested persons had something to do with the shooting. No jacket was found.

The parties stipulated that on March 30, 1989, defendant was found guilty of the offense of possession of a stolen vehicle.

The State rested.

The jury found defendant guilty and he was sentenced as previously stated. Defendant appeals.

I

Defendant maintains that the stop and seizure of the car, defendant, and the evidence was without probable cause, was unconstitutional and should have been suppressed.

A

Defendant’s first contention, that the police did not have specific articulable facts required to stop the vehicle, is without support. As Officers Willingham and Gyrion approached the area of an alleged shooting, they observed a vehicle, without license plates, being driven at a fast rate of speed and coming from the area where the reported shooting occurred. A police officer may stop and temporarily detain an individual for the purpose of conducting a limited investigation if the officer is able to point to specific and articulable facts which, when taken together with reasonable inferences drawn therefrom, would justify the investigative intrusion. (People v. Martinez (1990), 206 Ill. App. 3d 813, 822, 564 N.E.2d 1271

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Cite This Page — Counsel Stack

Bluebook (online)
618 N.E.2d 388, 248 Ill. App. 3d 28, 187 Ill. Dec. 797, 1993 Ill. App. LEXIS 773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peterson-illappct-1993.