People v. Rogers

596 N.E.2d 1291, 231 Ill. App. 3d 774, 173 Ill. Dec. 412, 1992 Ill. App. LEXIS 1135
CourtAppellate Court of Illinois
DecidedJuly 16, 1992
DocketNo. 4—91—0915
StatusPublished
Cited by1 cases

This text of 596 N.E.2d 1291 (People v. Rogers) 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. Rogers, 596 N.E.2d 1291, 231 Ill. App. 3d 774, 173 Ill. Dec. 412, 1992 Ill. App. LEXIS 1135 (Ill. Ct. App. 1992).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In July 1991, defendant, Melvin L. Rogers, was charged with possession with intent to deliver a controlled substance (more than 5 grams but less than 15 grams of a substance containing cocaine) (Ill. Rev. Stat. 1989, ch. 56V2, par. 1401(c)(2)). Defendant filed a pretrial motion to suppress the evidence taken from him at the time of his arrest in February 1991, that provided the basis of the charge against him. In September 1991, the trial court conducted a hearing on the motion and denied it. Defendant then waived a jury trial, and at a stipulated bench trial, the court found defendant guilty and sentenced him to four years in prison. Defendant appeals, arguing that the trial court erred by denying his motion to suppress. We affirm.

I. Facts

At the hearing on defendant’s motion to suppress, defendant and police officers Scott Swan and John Murphy testified. Defendant’s testimony essentially was that on February 21, 1991, about 8:30 p.m. he was a passenger in a vehicle driven by Kelvin Connerly in Champaign. A police officer pulled that vehicle over, told defendant to get out, and placed him under arrest. Defendant maintained that neither he nor Connerly had been doing anything illegal at the time. Later, at the police station, when officers told defendant they were going to search him, defendant removed a plastic bag from his underwear; it contained the cocaine which constituted the basis of the charge against him.

Deputy Swan testified that he was employed by the Champaign County sheriff’s department and had been assigned to the Inter-Agency Task Force, a special connty-wide unit concerned with enforcement of drug laws. Swan was one of the officers involved in the arrest of defendant on February 21, 1991. Three days earlier, on February 18, Swan was working with a confidential source (CS) in an attempt to purchase cocaine from defendant. Swan had worked with that CS on at least three different occasions prior to February 18. Based on information from those earlier cases, Swan had obtained one arrest warrant and one search warrant.

On February 18 at about 8:30 p.m., Swan was present when the CS ordered some cocaine from Connerly by phone. The CS told Swan that Connerly worked the drug trade with Anglo Marrissette and defendant. Swan also knew from his independent information that these three individuals worked together. After the CS ordered cocaine from Connerly, the CS informed Swan that Connerly would be sending someone over to make the delivery. Swan and Detective Murphy then searched the CS, found no cocaine on him, and Swan left the residence to position himself outside to watch the residence from the street.

About 15 minutes after the CS called Connerly, Marrissette and Rogers drove up to the CS’s residence and went inside. From Swan’s vantage point, he could see the three of them talking but could not see if any transaction took place. After several minutes, Marrissette and defendant left the residence, got in their vehicle, and left.

John Murphy testified that he was a detective employed by the Champaign police department and assigned to the Inter-Agency Task Force. He also participated in defendant’s arrest on February 21. Murphy’s testimony regarding the events of February 18 at the CS’s residence was substantially the same as that of Swan. Murphy had also worked with that CS in the past and determined that he had provided reliable information on three earlier occasions. On one occasion, Murphy used that information to get an arrest warrant.

Murphy testified that on the evening of February 18, 1991, the CS was searched before the arrival of Marrissette and defendant to insure that the CS did not have any other money, drugs, or contraband on his person. Murphy then provided the CS with some “official task force buy money.”

Murphy hid himself within the CS’s residence, and when Marrissette and defendant conversed with the CS inside the residence, Murphy could hear their voices but could not understand what they were saying. When the talking stopped and Murphy heard the door to the residence close, he immediately came out from hiding, spoke with the CS, and received from him a quantity of what Murphy field-tested to be cocaine. The CS told Murphy that he got the cocaine from defendant. Murphy also searched the CS for any of the task force “buy money” and found none.

On February 21, 1991, the same CS told Murphy that he had ordered more cocaine from Connerly and that Connerly and defendant were going to deliver it that night. The CS told Murphy that Connerly and defendant would be leaving the area of the Country Brook apartments, located on the far west end of the City of Champaign, around 8 p.m. to make the delivery.

After receiving this information, Murphy went to that location prior to 8 p.m. to watch for Connerly and defendant. Murphy saw a vehicle he recognized as Connerly’s and later recognized its two occupants as Connerly and defendant. Murphy watched as the vehicle proceeded in a direction toward the CS’s residence. At that point, Murphy ordered the vehicle stopped, and the police arrested both Connerly and defendant. Murphy testified that based upon the information he received on February 21 from the CS, Connerly and defendant were “absolutely” in the right time frame for the cocaine delivery to take place.

On cross-examination, Swan testified that as of February 21, 1991, Connerly was not cooperating with any police authorities. Further, Swan suspected Connerly of being a criminal and did not regard him as a reliable source. Murphy testified that on February 21, Connerly was not a police informant and not reliable; instead, Murphy considered Connerly a criminal involved in illegal drug transactions.

After hearing this evidence, the trial court denied defendant’s motion to suppress the evidence seized on February 21 from defendant. The court confined its analysis to the question of whether the police had probable cause on February 21 to arrest defendant, and stated the following:

“The test is the totality of all the circumstances and all the information known to the police at the time that the arrest was made here. They know what occurred on the 18th. They know how the buy was set up, and they know that it was obtained in fact from the defendant. It was set up at the same or similar scenario for the 21st and everything is following the happening that’s described will happen.
Taking all the circumstances together, I believe that the officers had good probable cause on the 21st for that arrest; and accordingly, the Motion to Quash the arrest to suppress the evidence is denied.”

II. Analysis

On this record, defendant argues that under the totality of the evidence before the court, the police did not have probable cause to arrest him. In so arguing, defendant places great emphasis on the fact that neither officer considered Connerly a reliable source. Defendant argues that because the essential information known to the police was based upon hearsay statements from Connerly to the CS, the trial court erred in crediting those statements.

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Related

People v. Ramey
608 N.E.2d 512 (Appellate Court of Illinois, 1992)

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Bluebook (online)
596 N.E.2d 1291, 231 Ill. App. 3d 774, 173 Ill. Dec. 412, 1992 Ill. App. LEXIS 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rogers-illappct-1992.