People v. Queen

859 N.E.2d 1077, 307 Ill. Dec. 400, 369 Ill. App. 3d 211, 2006 Ill. App. LEXIS 1103
CourtAppellate Court of Illinois
DecidedNovember 28, 2006
Docket2-05-0185
StatusPublished
Cited by12 cases

This text of 859 N.E.2d 1077 (People v. Queen) 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. Queen, 859 N.E.2d 1077, 307 Ill. Dec. 400, 369 Ill. App. 3d 211, 2006 Ill. App. LEXIS 1103 (Ill. Ct. App. 2006).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Defendant, Leonard Queen, appeals the judgment of the circuit court of Lake County denying his motion to quash his arrest and suppress a switchblade that was found on his person after the police seized him. We affirm, holding that the seizure that led to the discovery of the switchblade was justified as an exercise of the community caretaking authority of police.

Defendant was charged with unlawful use of a weapon (720 ILCS 5/24 — 1(a)(1) (West 2002)) for possessing the switchblade. In his motion to quash arrest and suppress evidence, defendant asserted that, at the time he was seized, the police “did not have probable cause, or a reasonable suspicion based on facts, to believe that [he] had [szc] or was about to commit a crime.”

Mark Fragale, a Lake Villa police officer, was the sole witness at the hearing on defendant’s motion to quash and suppress. Fragale testified that on May 8, 2003, at 2 a.m., he entered an apartment complex in Lake Villa to drop off the victim of a domestic battery. After dropping off the victim, and while driving his squad car on the entrance drive of the complex, Fragale saw defendant fall out of a tree and land on a grassy area about 20 feet in front of the squad car. Defendant was holding a beer bottle. He “swayed” as he regained his feet, and he appeared to be “intoxicated.” Fragale testified that defendant did not spill any of the beer as a result of the fall and that he appeared uninjured. Upon seeing defendant, Fragale activated the spotlight of his squad car and stepped out of the car.

Fragale’s testimony as to what he did next is ambiguous. At one point, Fragale testified that he “directed] ” defendant to come over to the squad car. At another point, however, he testified that he “asked” defendant to approach the squad car. Specifically, Fragale testified that he asked defendant, “Can I talk to you?” At yet another point in his testimony, Fragale testified that he did not remember whether he asked defendant “Can I talk to you?” before or after he “asked [defendant] to come over to the car.”

In any case, Fragale testified that, as defendant approached the squad car, he “stumbl[ed] a bit.” Fragale testified that defendant was covered with grass and mud even though the spot where he had fallen was not muddy. After defendant reached the squad car, Fragale observed that defendant’s speech was slurred, his eyes were red and glassy, and he smelled strongly of an alcoholic beverage. Fragale asked defendant for his name and identification. Asked why he made these requests, Fragale testified: “I was trying to find out where [defendant] lived so I could give him a ride home.” Fragale testified that he was concerned that defendant could not safely get home by himself due to his intoxication. Fragale testified that defendant did not “request” a ride in the squad car but “agreed” to a ride. As it was departmental policy to “search [passengers] for weapons” before allowing them in a squad car, even if only for a courtesy escort, Fragale asked defendant if “he had anything on his person.” In response, defendant turned away from Fragale and reached his hand into a pocket that was out of Fragale’s line of sight. Alarmed by this “furtive movement,” Fragale ordered defendant to show what was in his hand. Defendant opened his hand, displaying a knife that was laid across the palm. The knife appeared to Fragale to be an ordinary folding knife. The knife was open, and its blade was about three inches long. Defendant did not make any threatening gestures with the knife once he revealed it. Fragale then “arrested [defendant] for disorderly conduct due to his level of intoxication.” Upon reaching the police station, Fragale placed the knife in a locked evidence box. Later, after defendant was released from custody, Fragale examined the knife more closely and realized it was a switchblade knife. Pursuant to a warrant, Fragale arrested defendant for unlawful use of a weapon.

At the conclusion of the testimony, defendant argued that Fragale’s interaction was not a community caretaking encounter because he “order[ed] [defendant] to come to the squad car,” shined his light on defendant, and took defendant’s driver’s license. Rather, defendant argued, Fragale’s actions effected a “Terry stop” (see Terry v. Ohio, 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968)) for which there was no justification because “[flailing out of a tree simply is not a crime.” Defendant further argued that Fragale lacked probable cause to arrest defendant for disorderly conduct, because a reasonable person would not have been alarmed or disturbed by defendant’s actions. See 720 ILCS 5/26 — 1(a)(1) (West 2002) (“A person commits disorderly conduct when he knowingly *** [d]oes any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace”).

The trial court denied defendant’s motion to quash and suppress, reasoning as follows:

“The police officer had someone fall in front of him out of a tree with a bottle of beer in his hand. He called the defendant over to see if he was all right, asked for identification so that he could give him a ride home. That was the undisputed testimony. To say that the officer testified credibly is indeed an understatement. And the officer testified further that he didn’t intend to arrest the defendant. He intended to give him a ride home. It was only when the defendant produced a knife in a gesture that would have entitled a police officer to be alarmed and disturbed that an arrest was made.”

Following a bench trial, defendant was convicted of unlawful use of a weapon (720 ILCS 5/24 — 1(a)(1) (West 2002)). He filed this timely appeal.

In reviewing a trial court’s decision on a motion to suppress, we apply a bifurcated standard of review. People v. Sorenson, 196 Ill. 2d 425, 431 (2001). We accord great deference to the trial court’s factual findings, and we will reverse those findings only if they are against the manifest weight of the evidence. Sorenson, 196 Ill. 2d at 431. However, we review de novo the ultimate question of whether the evidence should be suppressed. Sorenson, 196 Ill. 2d at 431. Although only one witness, Officer Fragale, testified at the suppression hearing, his testimony admits of divergent inferences as to whether he asked or ordered defendant to walk over to the squad car after seeing defendant fall from the tree and as to whether defendant was given a choice of declining a ride home in the squad car. The resolution of such conflicts falls to the trier of fact. People v. Moore, 365 Ill. App. 3d 53, 58 (2006). It appears that the trial court resolved the conflicts in favor of defendant and found that Fragale effected a seizure when he called defendant over to the squad car. We do not address the trial court’s resolution of that conflict but assume for purposes of our review that Fragale effected a seizure when he called defendant over to the squad car. We review de novo whether that seizure was justified.

Defendant contends that the trial court erred in denying his motion to quash and suppress.

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Cite This Page — Counsel Stack

Bluebook (online)
859 N.E.2d 1077, 307 Ill. Dec. 400, 369 Ill. App. 3d 211, 2006 Ill. App. LEXIS 1103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-queen-illappct-2006.