People v. Roa

879 N.E.2d 366, 377 Ill. App. 3d 190, 316 Ill. Dec. 299, 2007 Ill. App. LEXIS 1161
CourtAppellate Court of Illinois
DecidedOctober 31, 2007
Docket3-05-0420
StatusPublished
Cited by13 cases

This text of 879 N.E.2d 366 (People v. Roa) 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. Roa, 879 N.E.2d 366, 377 Ill. App. 3d 190, 316 Ill. Dec. 299, 2007 Ill. App. LEXIS 1161 (Ill. Ct. App. 2007).

Opinions

JUSTICE WRIGHT

delivered the opinion of the court:

Defendant Andres Roa appeals from his conviction for violation of section 401(a)(2)(A) of the Controlled Substances Act (720 ILCS 570/ 401(a)(2)(A) (West 2004)). On appeal, defendant raises the single issue of whether the trial court improperly denied his motion to suppress evidence seized during a consensual search of defendant’s vehicle. We affirm.

BACKGROUND

Defendant was operating a vehicle he recently purchased when an Illinois state trooper stopped him for speeding at 71 miles per hour in a posted 65-mile-per-hour zone on Interstate 80 in Henry County, Illinois. The officer, Sergeant Floyd Blanks, is a certified drug interdiction instructor and the drug interdiction coordinator for his district. He has been employed by the State Police for 17 years.

According to the officer, after stopping defendant for speeding, he approached the car, advised defendant he was going to issue a written warning for speeding, and asked for defendant’s license and registration. Blanks stated that defendant fumbled for those documents, seemed “to exhibit more physical stress than most people do,” and mumbled while staring straight ahead. Blanks immediately advised defendant he was going to issue a written warning. At some point during the traffic stop, Blanks asked defendant where he was traveling from and where he was going. Defendant told Blanks that he was traveling from Colorado to New York.

Blanks said defendant seemed “to exhibit more physical stress than most people do, along with a couple of other factors.” Despite being informed that he was going to receive a warning, defendant remained nervous and, “in this case, that’s why I [Blanks] requested consent to search the vehicle.” Blanks also noticed a new air freshener and a strong odor of air freshener emanating from the car, which piqued Blanks’ suspicion.

According to Blanks, when he returned to his squad car to write a warning ticket, he knew, “with [defendant’s] nervousness, the odor of air freshener, *** [he] was going to try to obtain permission to search that vehicle.” Blanks testified, “I knew from my training and experience that something was amiss, something was wrong, so I asked— requested assistance from Trooper Clint Thulen.”

Blanks did issue a written warning for the speeding violation. Once he delivered the written warning citation, Blanks returned defendant’s license, registration and insurance card. According to defendant, as the officer started to return to his squad car, the officer said, “Wait a minute, Andres,” and then asked defendant for permission to conduct a search of defendant’s car. Defendant consented.

According to Blanks, the conversation with defendant before asking for consent was slightly longer. The officer recounted that, after issuing a written warning and returning defendant’s license and insurance card, he asked defendant if everything in the vehicle belonged to him and whether anyone had asked defendant to transport anything. Defendant responded that everything in the vehicle belonged to him and no one had asked him to transport anything. Blanks then asked if there was anything illegal in the vehicle, including any alcohol, weapons, or drags. The defendant replied, “no.” Blanks then asked if he could search the vehicle. Defendant’s response was, “yes.” According to Blanks, if defendant refused permission to search his car, Blanks would have allowed him to drive away.

After obtaining consent, Blanks asked defendant what was in the trunk. Defendant answered, “antiques,” and offered to show him an antique dealer’s card. At Blanks’ request, defendant opened the trunk and found it was empty. Blanks felt this was unusual since defendant had just told him there were antiques in the trunk.

As requested, Trooper Thulen arrived on the scene during the initial moments of the search, while Blanks was standing near the trunk of defendant’s car. Together, the officers then proceeded to the front of the vehicle. Blanks noticed that the air bag area appeared to have been tampered with or modified. After a 20-minute search, which included using a fiber-optic scope, the officers discovered a hidden compartment containing cocaine. Later, when the compartment was disassembled, the troopers found the compartment contained a total of 24.2 pounds of cocaine. The cocaine was packaged in 11 separate packages.

Initially, defendant faced three charges based on this evidence. Count I alleged defendant knowingly brought more than 900 grams of cocaine into the State of Illinois with the intent to deliver in violation of section 401.1(a) of the Controlled Substances Act (Act) (720 ILCS 570/401.1(a) (West 2004)). Count II alleged defendant knowingly possessed with the intent to deliver more than 15 but less than 100 grams of cocaine in violation of section 401(a)(2)(A) of the Act (720 ILCS 570/401(a)(2)(A) (West 2004)). Finally, count III alleged that defendant possessed more than 900 grams of cocaine in violation of section 402(a)(2)(D) of the Act (720 ILCS 570/402(a)(2)(D) (West 2004)).

Prior to trial, defense counsel filed a motion to suppress the cocaine, alleging the police expanded a traffic stop into a drug investigation without probable cause. During the hearing on the motion, the trial court heard testimony from Sergeant Blanks regarding factors he considers when looking for drug-related activities. According to Blanks, ongoing nervousness is only one of many factors indicating illegal activity. Blanks explained to the court:

“There are a number of things that we are trained to observe, such as third-party vehicles, vehicles rented by someone else, the odor of air freshener and masking agents in the vehicle, a vehicle that looks lived in, a vehicle with numerous energy drinks or coffee cups showing they’ve been driving all night, cigarettes and nervousness, and I could go on and on, sir.”

Trooper Clint Thulen also testified at the suppression hearing. Thulen testified that he has been employed by the State Police for 14 years as a patrol officer and currently as a canine handler. When Thulen arrived on the scene of the stop, Blanks was searching defendant’s trunk. According to Thulen, defendant appeared unusually nervous and exhibited signs of stress. Defendant seemed unusually uncomfortable, “out of sorts,” and avoided eye contact.

Following the testimony of defendant, Sergeant Blanks, and Trooper Thulen, and arguments of counsel, the trial court denied the motion to suppress, finding Sergeant Blanks’ search was properly based on three grounds. First, the court noted Sergeant Blanks had probable cause for the initial traffic stop based on speeding. Second, the court found the duration of the traffic stop was reasonable because Sergeant Blanks did not delay asking for consent to search. Finally, the judge concluded, based on the totality of the circumstances, Sergeant Blanks had a reasonable, articulable suspicion that defendant was engaged in criminal conduct.

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People v. Roa
879 N.E.2d 366 (Appellate Court of Illinois, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
879 N.E.2d 366, 377 Ill. App. 3d 190, 316 Ill. Dec. 299, 2007 Ill. App. LEXIS 1161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roa-illappct-2007.