People v. Ramirez

613 N.E.2d 1116, 244 Ill. App. 3d 136, 184 Ill. Dec. 524, 1993 Ill. App. LEXIS 304
CourtAppellate Court of Illinois
DecidedMarch 12, 1993
Docket1-90-2275
StatusPublished
Cited by26 cases

This text of 613 N.E.2d 1116 (People v. Ramirez) 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. Ramirez, 613 N.E.2d 1116, 244 Ill. App. 3d 136, 184 Ill. Dec. 524, 1993 Ill. App. LEXIS 304 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Following a jury trial, defendant, David Ramirez, was convicted of possession of a controlled substance with intent to deliver (III. Rev. Stat. 1989, ch. 5Qxl2, par. 1402(a)(2)(C)), and was sentenced to a term of 35 years’ imprisonment. Defendant appeals, contending that: (1) the police officers approached him without probable cause, and that the package containing cocaine that he dropped as he fled from the police should not have been admitted into evidence; (2) defendant’s post-arrest statements were inadmissible because they were made during the course of plea negotiations; (3) the court improperly admitted evidence relating to an anonymous tip that drugs were being sold; (4) the court’s refusal to rule on codefendants’ motion for a directed verdict until the end of trial deprived defendant of two witnesses in his behalf; (5) defendant’s cross-examination of a key witness for the State was unduly restricted; and (6) the court’s procedure for permitting the direct examination of codefendants’ witnesses for the State to occur in the presence of the jury, but the cross-examination by co-defendant’s counsel in its absence, denied defendant’s right to confrontation and a fair trial.

At the evidentiary hearing on defendant’s motion to suppress, defendant testified that on September 22, 1989, he was employed at a car wash located at 3630 West Diversey in Chicago. During the early afternoon hours, defendant received a telephone call from his sister, Carmen Vega, asking him to look for some car keys located inside a desk in the office of the car wash. The car, a red Ford Escort, belonged to defendant’s father.

Defendant asked one of the car wash customers, codefendant Luis Rosado, to drive him to his sister’s house to deliver the car keys. Rosado, driving a black Toyota, dropped defendant off at the intersection of Lavergne and Fullerton Avenues in Chicago. As defendant crossed the street, a car approached him. Two undercover police officers jumped out of the car, grabbed defendant, and began searching him. The men had no warrant for defendant’s arrest.

The officers asked defendant where he was going. He replied that he was delivering the car keys to his sister who lived across the street. Defendant showed the keys to the police officers and told them that the car belonged to his father. The officers grabbed the keys out of his hand and placed defendant inside the undercover car. They asked defendant where his father’s car was located. After defendant pointed to his father’s car, the officers searched it and pulled out some boxes. Defendant was unaware of the content of the boxes, as he had not used the car within the past 30 days. The police recovered $50 from defendant, but no narcotics. When defendant arrived in court the following day, he learned that the officers had found drugs in the car. On cross-examination, defendant denied knowing codefendant Melvin Monroig or speaking with him on a mobile telephone on the afternoon of the occurrence. Defendant further testified that he entered Rosado’s car inside the car wash after it had been washed. Defendant denied entering the Ford Escort after he got out of Rosa-do’s car or that he took something from it. Defendant also denied getting out of the car and walking down the street carrying a package when the police stopped him, running away from the police, or hiding behind a tree after he got out of Rosado’s car.

Officer Eugene Roy testified at the hearing that he saw Monroig on September 22, 1989, and that he effectuated his arrest later that day. Roy indicated that he was working with his partner, Matthew Plonavich, and that at approximately 10 a.m., they received information that drugs were being sold at a car wash located at 3630 West Diversey. Lookouts were staked at the front and rear of the building. Plonavich and Roy instituted a surveillance and saw Monroig talking on a cellular telephone. As Monroig spoke, he looked up and down the street. Defendant approached Monroig, and they had a short conversation. Both men then entered a white Suzuki jeep driven by Monroig. The men drove one-half block to Lawndale, and then south approximately one block. Defendant got out of Monroig’s car and entered the passenger side of a black Toyota driven by Rosado. Both cars then proceeded a short distance to the intersection of Fullerton and Lavergne, where Monroig parked his vehicle. The car driven by Rosado continued to the corner of Belden and Lavergne, where defendant exited the automobile. Defendant began walking northbound on the sidewalk on the east side of Lavergne. At one point, defendant stood behind a tree and looked in the direction where Rosado’s vehicle had driven off.

Defendant proceeded northbound to the corner of Medill and Lavergne. Plonavich was following defendant, who was not carrying anything at the time he got out of Rosado’s car. Defendant then entered an unoccupied Ford Escort. Defendant drove to the corner of Medill and Lavergne, turned left onto Lavergne, and drove one-half block south, turned left again, and proceeded very slowly eastbound on Belden as both officers followed in their vehicles. After defendant stopped the Ford, he sat in the vehicle and looked in the rear view mirror a number of times. Defendant leaned down toward the passenger seat and emerged from the vehicle carrying a brown paper bag underneath his left arm.

Defendant crossed the street and began walking eastbound on the sidewalk. The officers approached defendant, displayed their stars, and identified themselves as police officers. They also stated words to the effect of “stop, halt, don’t go any further [sic].” Defendant dropped the brown paper bag he was carrying and began to run. Plonavich chased defendant for approximately 25 feet before he apprehended him. Meanwhile, Roy retrieved the bag which defendant had dropped and examined its contents. Roy found a package wrapped in brownish plastic tape which contained a rock-like substance which appeared to be cocaine.

Defendant indicated his understanding of his Miranda rights. He stated that he wished to speak to the officers and told them that the brown package was to to be delivered at the corner of Lavergne and Fullerton to Monroig. Roy seized the Ford Escort and conducted a search of the vehicle. Underneath the right front passenger seat, Roy found another plastic tape-wrapped package similar to the one he had recovered from defendant. Inside the trunk, Roy discovered a cardboard box containing six other similar packages containing bricks of cocaine. Thereafter, Plonavich and Roy decided to drive to Lavergne and Fullerton to see if Monroig and Rosado were waiting. Roy observed Monroig walking towards his vehicle and placed him under arrest. The officers found two cellular telephones underneath the passenger seat of his car. Rosado was observed leaving the area at a low to normal rate of speed. (Rosado was not arrested until October 26, 1989, one month after this incident occurred.) The officers drove defendant to the police station and again apprised him of his Miranda rights.

On redirect examination, Roy testified that he did not know the identity of the informant who told him that drugs were being sold, nor had he spoken to him on previous occasions. In sum, the information Roy received about the alleged drug sales was from the informant and his observation that some individuals were standing outside the car wash that might have been involved in narcotics trafficking.

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

Related

People v. Johnson
2025 IL 130447 (Illinois Supreme Court, 2025)
People v. Johnson
2023 IL App (4th) 221021-U (Appellate Court of Illinois, 2023)
In re Rafeal E.
2014 IL App (1st) 133027 (Appellate Court of Illinois, 2014)
People v. Henderson
2012 IL App (1st) 101494 (Appellate Court of Illinois, 2012)
People v. Givens
934 N.E.2d 470 (Illinois Supreme Court, 2010)
Roach v. State
7 So. 3d 911 (Mississippi Supreme Court, 2009)
People v. Hart
828 N.E.2d 260 (Illinois Supreme Court, 2005)
Jimmie Roach v. State of Mississippi
Mississippi Supreme Court, 2004
People v. Smith
Appellate Court of Illinois, 2002
People v. Jones
Appellate Court of Illinois, 2000
People v. Billingslea
Appellate Court of Illinois, 1997
People v. Tracy
683 N.E.2d 182 (Appellate Court of Illinois, 1997)
Commonwealth v. Carroll
628 A.2d 398 (Superior Court of Pennsylvania, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
613 N.E.2d 1116, 244 Ill. App. 3d 136, 184 Ill. Dec. 524, 1993 Ill. App. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ramirez-illappct-1993.