People v. Roberts

872 N.E.2d 382, 374 Ill. App. 3d 490, 313 Ill. Dec. 399, 2007 Ill. App. LEXIS 629
CourtAppellate Court of Illinois
DecidedJune 5, 2007
Docket4-02-0613
StatusPublished
Cited by6 cases

This text of 872 N.E.2d 382 (People v. Roberts) 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. Roberts, 872 N.E.2d 382, 374 Ill. App. 3d 490, 313 Ill. Dec. 399, 2007 Ill. App. LEXIS 629 (Ill. Ct. App. 2007).

Opinion

JUSTICE MYERSCOUGH

delivered the opinion of the court:

Following a stipulated bench trial in May 2002, the trial court found defendant, Lucas T. Roberts, guilty of unlawful possession of cannabis with intent to deliver. 720 ILCS 550/5(c) (West 2000). The court sentenced defendant to 24 months’ probation. Defendant appealed the court’s denial of his motion to suppress, arguing the deputy exceeded the scope of his authority by questioning defendant about possible criminal activity after the traffic stop was completed. We reversed the court’s denial of defendant’s motion to suppress and vacated the judgment of conviction. People v. Roberts, 349 Ill. App. 3d 972, 813 N.E.2d 748 (2004). The State filed a petition for leave to appeal to the Supreme Court of Illinois. On September 27, 2006, the supreme court denied the State’s petition but directed this court to vacate its judgment and reconsider defendant’s appeal in light of Illinois v. Caballes, 543 U.S. 405, 160 L. Ed. 2d 842, 125 S. Ct. 834 (2005), and People v. Caballes, 221 Ill. 2d 282, 851 N.E.2d 26 (2006) (Caballes III). People v. Roberts, 221 Ill. 2d 665, 853 N.E.2d 1230 (2006) (nonprecedential supervisory order on denial of leave to appeal). After reviewing the United States Supreme Court’s opinion and this state’s supreme court decision in Caballes III, we affirm the trial court’s denial of defendant’s motion to suppress.

I. BACKGROUND

In December 2001, the trial court held a hearing on defendant’s motion to suppress. Deputy sheriff Michael Scott Hainline testified that on August 25, 2000, he was assigned to routine traffic patrol in Brown County. He testified that he had undergone drug interdiction training as a significant part of his training for traffic duties. Hainline testified that this training taught him to go “beyond the initial traffic stop” and to ask different questions and to look for different answers or nonresponsiveness, to observe the body language of passengers, to look for movement within the passenger compartment, and how to identify different types of drugs and drug paraphernalia. In addition to teaching him to identify situations in which a further search may be warranted, the classes taught him techniques to effectuate that search in a manner that would reduce the level of constitutional scrutiny.

At 4 a.m. on August 25, 2000, as Hainline was driving eastbound along US Route 24, he noticed in his side mirror that defendant’s westbound car that he had just passed did not have a working registration light. Hainline turned his car around, switching from the eastbound lane to the westbound lane, and upon confirming that the car did not have a working registration light, pulled the car over. As he initiated his squad car’s overhead lights, “take-down” lights, and spotlights, Hainline observed movement in the vehicle and noted that it appeared that three subjects were in the vehicle. Hainline said the movement was not unusual.

After stopping the car, Hainline approached the vehicle on the passenger side. Hainline testified that the passenger in the front seat initially looked surprised that he had come up on his right instead of on the driver’s side. Hainline then introduced himself, stated the reason for the stop, and asked the driver of the car for his license and proof of insurance. He also asked for identification from the passengers, Adam Heather in the front seat and Walter Bartz in the back.

Hainline testified that Heather did not directly look at him, except to answer questions about his identity and birth date, but instead looked straight ahead when he was not speaking. Hainline characterized this behavior as suspicious under the “no-look test,” saying that most passengers will look at the officer just as a show of respect and that it is suspicious if a passenger tries to ignore the officer or pretend that he is not there. Conversely, Hainline testified that Bartz, the passenger in the rear seat, was overly friendly, which also was suspicious behavior.

As he was talking to the vehicle’s occupants, Hainline smelled a strong odor. Although he could not identify the scent, he agreed that it could have been food. Hainline testified that a strong odor, even if the smell could not be identified, was often indicative of the masking of drugs or drug use in the car.

Hainline took the information he had received and returned to his patrol car to check that defendant’s driver’s license was valid and to run a warrant check on everyone in the vehicle. He found that both Heather and Bartz had criminal histories, but defendant had none. Additionally, Hainline testified that he had previously received information from the West Central Illinois Drug Task Force that Heather was involved in illegal drug activity. However, defendant had a valid driver’s license and proof of insurance, and no warrants were outstanding for any occupant, so Hainline exited his patrol car and approached the vehicle, this time from the driver’s side. Hainline then asked defendant to exit his car and to join him at the rear of the car. Defendant complied, and Hainline talked briefly with him while he wrote out a warning ticket. Hainline asked him where they were coming from and what they were doing. Defendant answered that they had been at a friend’s house in Beardstown. When asked the name of the person they had visited, defendant did not answer. Hainline then issued the warning ticket to defendant and returned his insurance card and driver’s license, informing him that he was free to go. Hain-line testified that the reason he waited to question defendant about the contents of his vehicle until after he had returned his license and told him he was free to go was to prevent defendant from saying at trial that he did not feel he was free to leave at that moment.

There is some dispute as to whether defendant reentered the vehicle and was about to leave or whether he was simply returning to the vehicle, but after defendant had received his warning ticket, driver’s license, and insurance card, Hainline asked him if they had any open alcohol in the vehicle. Defendant replied in the negative. Hainline asked him if any loaded guns were in the car. Defendant answered no. Hainline asked if any illegal drugs were in the car. Defendant testified he said no. However, Hainline testified that defendant did not provide an answer but instead looked down and away from him.

Hainline then asked for permission to search the vehicle. Defendant testified that he did not initially consent. Hainline testified that defendant gestured toward the car when he first asked for consent. Hainline said that defendant verbally consented after he asked again. Hainline said that defendant then went to the car, said something to Heather and Bartz, and then Heather and Bartz got out of the car. Defendant, however, testified that he eventually consented after Hainline told him that he could keep them there until defendant consented and that a canine unit was nearby. Hainline denied telling them that he could keep them there until they consented.

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Cite This Page — Counsel Stack

Bluebook (online)
872 N.E.2d 382, 374 Ill. App. 3d 490, 313 Ill. Dec. 399, 2007 Ill. App. LEXIS 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roberts-illappct-2007.