People v. Rivera

598 N.E.2d 423, 233 Ill. App. 3d 69, 174 Ill. Dec. 226, 1992 Ill. App. LEXIS 1297
CourtAppellate Court of Illinois
DecidedAugust 14, 1992
Docket2-91-0627
StatusPublished
Cited by11 cases

This text of 598 N.E.2d 423 (People v. Rivera) 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. Rivera, 598 N.E.2d 423, 233 Ill. App. 3d 69, 174 Ill. Dec. 226, 1992 Ill. App. LEXIS 1297 (Ill. Ct. App. 1992).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Following a stipulated bench trial, defendant, Manuel Rivera, was convicted of the offense of the unlawful possession of 2.2 grams of a substance containing cocaine (Ill. Rev. Stat. 1989, ch. 56½, par. 1402(b)). The trial court sentenced defendant to a two-year term of probation and a $200 fine. Defendant appeals the trial court’s denial of his motion to quash his arrest and suppress the evidence, and he raises the following issues: (1) whether the entry of the police officers into the basement of defendant’s business was illegal; (2) whether defendant was arrested illegally when he was detained by the police; (3) whether defendant’s consent to the search of his person was involuntary; and (4) whether defendant was denied a fair hearing when the trial court considered matters outside the record in assessing the credibility of one of the testifying police officers.

Officer Renaud testified at the hearing on defendant’s motion to suppress evidence that on the evening of February 20, 1990, he and Detective Reichardt of the Aurora police department were conducting “routine tavern checks.” They were in plain clothes when they entered defendant’s bar, La Tropicana. The officers had information developed by the police that cocaine was stored in the basement of La Tropicana and that defendant was involved in the sale and distribution of cocaine. The officers did not have a warrant to search the premises or to arrest anyone there. La Tropicana was open, and there were a number of patrons at the bar.

Defendant testified through an interpreter. According to defendant’s version of the events of February 20, 1990, he was in the basement of the bar when the police arrived. The officers identified themselves as police officers and told defendant to put his hands up. Defendant denied that he gave the officers permission to search his person. Defendant testified that the basement was a private area and there was a sign on the premises indicating that the basement was private. The band was warming up in the basement prior to its performance, and Tom Wilkinson was also in the basement when the police arrived.

In contrast, Officer Renaud testified that defendant was standing at the end of the bar when the officers entered. According to Renaud, defendant looked at him when Renaud was five or six feet from him, ran four or five feet to the basement door, opened it and ran down the stairs. Renaud did not recall seeing a “private” sign next to the basement door. He had not had any prior encounters with defendant, and only knew what defendant looked like because he had seen a photograph of defendant.

The officers pursued defendant through the open door and down the stairs. Defendant ran to an office in the basement, pushed the door open, and yelled “police.” Renaud rushed into the office, and Wilkinson was leaning over a card table in the office. When Wilkinson saw the officers, he stuffed a “big bag” into his mouth. Wilkinson would not spit out the bag and denied that he swallowed anything. After two uniformed back-up officers arrived, Renaud twice asked defendant if the officers could search him. According to Renaud and Officer Strom, defendant twice agreed. Renaud spoke to defendant in English, and defendant answered in English. The officers found a small packet of cocaine in defendant’s pocket.

Renaud testified that his reason for following defendant downstairs was not a fear for his own safety. Renaud “was startled when [defendant] turned suddenly and ran. [Renaud] thought something was up.” During questioning by the court, Renaud explained that defendant’s personality changed when he looked at Renaud and that he appeared frightened because Renaud was in the bar. Renaud believed defendant ran because he was violating a narcotic law by being in possession of a drug. Renaud, who had been a police officer for 18 years, testified that he believed the defendant “was frightened because I was there, and to me, what I represented in that tavern, from going in there so many times, was a narcotics officer, not a patron, I wasn’t there to buy a drink.”

Following arguments by counsel, the court explained its reasoning. The court stated in relevant part:

“I don’t see that the officer had a real basis to follow [defendant] down the stairs, but the door being opened, he has no problem, he can follow him down the stairs.
When he gets down to the bottom of the stairs, then it becomes an issue of what he can do once he gets down there, because right now we don’t know [defendants doing anything wrong. It’s strictly speculation, guess, and conjecture.
He can be running down to tell the guys [‘]cut out a card game.[’] *** [W]e don’t know why he’s running.
*** At this point I don’t think there’s a basis to search the defendant.
However, at this point Officer Renaud, that [sic] I’ve seen testify many, many, many times in this court, testifies under oath that he asked [defendant] not once, but twice, can I search you.
Sounds strange to me some defendant would say okay when he has some stuff on him. But Officer Renaud said yes, he not only did it once, but he drew the attention of the other officers to what was going to be said, and he asked [defendant] a second time, and [defendant] said yes.”

The court concluded that defendant consented voluntarily to the search of his person. Defendant raised the suppression issues in a motion for a new trial, which the court denied.

The defendant bears the burden of proof on a motion to suppress evidence. (Ill. Rev. Stat. 1989, ch. 38, par. 114—12; People v. Janis (1990), 139 Ill. 2d 300, 308.) A trial court’s denial of a motion to suppress evidence should not be disturbed unless it is contrary to the manifest weight of the evidence. Janis, 139 Ill. 2d at 308.

Both the Federal Constitution and our State Constitution prohibit unreasonable searches and seizures. (U.S. Const., amend. IV; Ill. Const. 1970, art. I, §6.) This protection applies to commercial premises as well as private homes. (New York v. Burger (1987), 482 U.S. 691, 699, 96 L. Ed. 2d 601, 612, 107 S. Ct. 2636, 2642; Janis, 139 Ill. 2d at 309.) Although commercial premises do not enjoy the same degree of privacy as a residence (Burger, 482 U.S. at 700, 96 L. Ed. 2d at 612, 107 S. Ct. at 2642), the determination of whether commercial premises, or some part thereof, are entitled to protection depends on the owner or occupier’s subjective expectation of privacy in the premises (Janis, 139 Ill. 2d at 313-14). The analysis turns upon whether the area entered by the police is open to the public, since “[a] warrant is necessary only to search those areas of commercial premises from which the public has been excluded.” (139 Ill. 2d at 317.) The entry into a private area is considered a “search.” 139 Ill. 2d at 313.

Notwithstanding the warrant requirement enunciated in Payton v. New York (1980), 445 U.S. 573, 63 L. Ed. 2d 639, 100 S. Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
598 N.E.2d 423, 233 Ill. App. 3d 69, 174 Ill. Dec. 226, 1992 Ill. App. LEXIS 1297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rivera-illappct-1992.