People v. Ross

739 N.E.2d 50, 250 Ill. Dec. 589, 317 Ill. App. 3d 26, 2000 Ill. App. LEXIS 821
CourtAppellate Court of Illinois
DecidedOctober 17, 2000
Docket1-99-3339
StatusPublished
Cited by35 cases

This text of 739 N.E.2d 50 (People v. Ross) 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. Ross, 739 N.E.2d 50, 250 Ill. Dec. 589, 317 Ill. App. 3d 26, 2000 Ill. App. LEXIS 821 (Ill. Ct. App. 2000).

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

Following his arrest for home invasion, defendant Earl Ross filed a motion to quash his arrest and suppress evidence, alleging that the police subjected him to an arrest before establishing probable cause in violation of the fourth amendment of the United States Constitution (U.S. Const., amend. IV). Following a hearing, the trial court granted defendant’s motion. The State filed a certificate of substantial impairment and contends on appeal that the trial court erred because the police properly stopped defendant pursuant to Terry v. Ohio, 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968), on reasonable suspicion that he was the person who had just committed the crime and then arrested him minutes later when the victim positively identified him.

At the hearing on defendant’s motion, defendant testified that shortly after 11 p.m. on May 26, 1998, he was walking north near 16638 South Marshfield when a police officer ran up behind him and yelled “Stop.” Defendant was dressed in a light blue shirt and dark trousers. The officer handcuffed him, placed him in a squad car, and took him “over to Hazel Crest” (1709 West 168th Street), where defendant stood on the street 60 to 75 feet from a house. The officer shined a flashlight in defendant’s face and then he was told that the victim had identified him. The officer subsequently recovered one $10 bill, one $5 bill, and fifteen $1 bills from defendant’s pocket. Defendant said he saw a man and two women walking ahead of him on Marsh-field when the police stopped him. Defendant acknowledged that the victim’s house was just south and across an open field from where he was stopped and that part of the field included a well-lighted towing shop surrounded by a cyclone fence.

Brian Tegtmeyer, administrative supervisor for the Hazel Crest police department, testified that at 11:11 p.m. on the night of this incident, the elderly victim, Fred Douglas, telephoned and stated that a black man wearing a blue shirt and pants had just entered his home, choked and robbed him, and left on foot. Other than that description, the victim said he did not know what the assailant looked like. Tegtmeyer radioed the information to patrol officers in the area. Officer Don Preston arrived at the victim’s house one minute later and radioed to responding officers that he had seen a suspect matching the initial description. At 11:17 p.m., Sergeant Patrick Murray radioed Tegtmeyer that a subject (defendant) had been stopped. Defendant was taken to the victim’s house, positively identified and then arrested at 11:25 p.m.

Officers Preston and Murray testified as follows. As Officer Preston approached the victim’s home, he saw defendant, a black man wearing a blue shirt, about one-half block away. Defendant was walking away from Preston on the gravel road bordering the towing shop, an area well-lighted with overhead lights. Preston radioed other patrol officers and relayed the information. There were no other pedestrians in the area. Preston watched as the man walked toward the end of the road where the area darkened. When Preston saw Murray’s squad car driving with its headlights off past the spot where defendant had walked, he radioed Murray, directing him back to the correct location. Preston then spoke to the victim, who told him the assailant was 6 feet 2 inches tall and weighed 220 pounds and that he had robbed him of one $5 bill, two $10 bills and fifteen $1 bills.

Meanwhile, Sergeant Murray parked his squad car and proceeded on foot to 167th Street and Marshfield where he saw defendant, who matched the description Officer Preston had radioed. Murray drew his weapon because, although he did not know if defendant was armed, he knew that a home invasion had occurred. He handcuffed defendant, placed him in the squad car, and then radioed Preston and asked him to bring the victim to the scene of the stop for a showup. Preston asked that Murray bring defendant to the home of the 80-year-old victim. The distance between the scene of the stop and the victim’s house was one block plus about 100 feet.

When Murray arrived with defendant, he stopped directly in front of the victim’s house and defendant stood on the street under a streetlight in the headlights of the squad car. After the victim walked to within two feet of defendant and positively identified him, stating “That’s him” or “That’s the guy,” Murray placed defendant under arrest. Before putting defendant in the squad car, Murray checked defendant’s pockets and found bills totaling $30. Only two to three minutes had passed from the time Murray heard the radio dispatch until he stopped defendant. Murray also saw no other pedestrians in the area during the search, but after he stopped defendant several people came out of “shadows,” presumably out of a house. After he stopped defendant, Murray patted him down to check for weapons but did not search his pockets until he was identified as the offender.

The trial court stated that it was “troubled by” the testimony of Officer Preston, “who testified that a half block away he saw the blue shirt.” The trial court thought “that’s impossible to see at night.” After being asked by the prosecutor for a finding that defendant was not arrested until after the showup, the court stated, “I’m saying he was arrested at the time they stopped him. He was certainly not free to go. He was not free to go.” The trial court granted defendant’s motion to quash his arrest and suppress evidence.

We review undisputed facts in a motion to suppress de novo (People v. Wallace, 299 Ill. App. 3d 9, 16 (1998)), but we defer to the trial court’s factual findings and credibility determinations and give due deference to the inferences drawn by the trial court and the officers (People v. Aguilar, 286 Ill. App. 3d 493, 496 (1997)); see also People v. Rivera, 304 Ill, App. 3d 124, 127 (1999) (applying a deferential standard to the trial court’s findings of fact and a de novo review to the determination of the reasonableness of the officer’s conduct).

We must first consider whether the initial Terry stop was lawful. We apply a de novo standard of review to determine the existence of “reasonable suspicion” supporting a Terry stop. People v. Young, 306 Ill. App. 3d 350, 353 (1999).

To justify a brief investigatory stop of a person in a public place, a police officer must be able to articulate specific facts which, considered with rational inferences from those facts, would lead a reasonable person to believe the action taken was proper. 725 ILCS 5/107 — 14 (West 1998); People v. Rivera, 272 Ill. App. 3d 502, 504-05 (1995). The reasonableness of an investigatory stop may be determined by examining whether the police were aware of specific facts giving rise to reasonable suspicion and whether the police intrusion was reasonably related to the known facts. People v. Starks, 190 Ill. App. 3d 503, 506 (1989); accord United States v. Tilmon, 19 F.3d 1221, 1224 (7th Cir. 1994). A general description of a suspect coupled with other specific circumstances that would lead a reasonably prudent person to believe the action taken was appropriate can constitute sufficient cause to stop or arrest. People v. Robinson, 299 Ill. App. 3d 426, 431 (1998).

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Cite This Page — Counsel Stack

Bluebook (online)
739 N.E.2d 50, 250 Ill. Dec. 589, 317 Ill. App. 3d 26, 2000 Ill. App. LEXIS 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ross-illappct-2000.