People v. Ruano

900 N.E.2d 427, 387 Ill. App. 3d 181, 326 Ill. Dec. 791, 2008 Ill. App. LEXIS 1318
CourtAppellate Court of Illinois
DecidedDecember 26, 2008
Docket1-08-0592
StatusPublished

This text of 900 N.E.2d 427 (People v. Ruano) 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. Ruano, 900 N.E.2d 427, 387 Ill. App. 3d 181, 326 Ill. Dec. 791, 2008 Ill. App. LEXIS 1318 (Ill. Ct. App. 2008).

Opinion

JUSTICE TOOMIN

delivered the opinion of the court:

After a hearing on defendant, Salvador Ruano’s motion to quash arrest and suppress evidence, the trial court granted relief and suppressed 96 kilograms of cocaine recovered during a traffic stop. The State now appeals, contending the court erred in granting the motion where it found probable cause to search the vehicle existed, but reasonable suspicion to make the initial traffic stop was lacking. For the reasons that follow, we affirm the order of the circuit court.

BACKGROUND

Defendant was charged with possession of a controlled substance with intent to deliver after 96 kilograms of cocaine were recovered from a search of his tractor trailer. After arraignment, defendant moved to quash his arrest and suppress the evidence. At the conclusion of the hearing, the court granted the motion upon a finding that there was no probable cause or reasonable suspicion to support the traffic stop. In turn, the State filed a certificate of impairment, pursuant to Supreme Court Rule 604(a)(1) (210 Ill. 2d R. 604(a)(1)), as well as a notice of appeal. The sole issue before us is whether the court’s decision regarding the initial stop was in conformance with the law and the evidence.

The Hearing on the Motion to Suppress

The hearing took place over several court dates and included the testimony of defendant and three members of law enforcement. In light of the narrow scope of our review, we will reference only that testimony relevant to our decision.

Salvador Ruano

Defendant, Salvador Ruano, testified that he was a self-employed over-the-road truck driver with 12 to 13 years of experience, who resided in Moreno Valley, California. He was the owner-operator of his truck, which he purchased in 2000. In February of 2006, defendant had a valid commercial driver’s license, the registration for his truck was in good standing, and he had insurance. If not, he would not have been able to get work.

Defendant learned from a man named Martin about a load of food products to be delivered from Los Angeles, California, to Chicago about five days prior to his arrest. On direct examination, defendant testified that he had known Martin for about one year from around the port. He did not know his last name or that, prior to this occasion, he hired drivers. Pursuant to Martin’s direction, defendant located the trailer, finding it was already loaded. Payment for this delivery was to be made by a woman in Utah. On the night of February 26, defendant left California with a colleague, David Ulola, whom he had hired to share the driving on the trip. Defendant brought his logbook to document stops as well as his and Ulola’s driving times. Every five hours he and Ulola would switch driving; on those occasions, they would stop, inspect the functioning of the truck and its accessories, and check the load or the seal on the trailer.

Defendant’s itinerary provided for two stops in Illinois: Rockford and Danville. He was to load in one place and unload in the other. Rockford was to be the first stop. The entirety of their trip in the State of Illinois was on Interstate 55. Defendant and Ulola arrived in Chicago around 10 p.m. on February 28, leaving Interstate 55 at California Avenue. They stopped at a gas station to purchase a map and food. It was his custom to buy maps of the cities where he had deliveries. During the 30 to 40 minutes they spent at the gas station, Ulola was in and out of the truck, but did not purchase anything. Defendant then followed the route indicated on the map in order to return to Interstate 55 northbound toward Interstate 90/94, which required him to go several blocks down adjacent streets and reenter Interstate 55 at another point. Ten to fifteen minutes later, he was stopped by the police.

While one of the registration documents given to the officer was expired, another document in the set explained that the registration was current and paid for 2006. Specifically, he had a delay-in-enforcement letter with him when he was pulled over. None of the documents defendant tendered to the officer were returned to him.

Inspector Michael Knaus 1

Inspector Michael Knaus was a member of a Cook County sheriffs police task force working with the Illinois State Police High Intensity Drug Trafficking Area (HIDTA) Narcotic and Currency Interdiction Unit. The group focused on locating and interdicting narcotics, currency, and explosives being transported on interstates. As a part of this assignment he underwent interdiction training to learn “the commercial vehicle industry, the standards, logbook nomenclature, the truck tractors and the trailers, logbooks, and things of that nature.” Specifically, he learned to look for owner-operators and high Department of Transportation (DOT) numbers. The DOT numbers are assigned to each company and are not reused or recycled; numbers over 1 million are indicative of a “relatively new company in business.” They also look for “source state companies, companies that are on the border with Mexico.”

On February 28, 2006, Knaus was located in a surveillance position on 35th Street southwest of the Speedway gas station at 3401 South California Avenue in Chicago at the junction with Interstate 55. At that time, his team was actively surveilling another truck in the parking lot. While Knaus was alone in his vehicle, other task force members were in the area and in communication with each other.

Knaus testified that he first noticed defendant’s vehicle at the stop light at 35th and California because “it was out of California, had two people in the front seat, a driver and a passenger, had a high DOT number, had some religious items hanging down from the visor area.” His suspicions were also aroused because the trailer was refrigerated. According to Knaus, the presence of religious items can be indicative of persons transporting contraband because “they tend to put a lot of religious items in their vehicle thinking that’s going to protect them from law enforcement.” Police stickers — indicating support of law enforcement — and a “Tweetie [sic] Bird cartoon” sticker were also seen on the tractor. Cartoons are often used by narcotics traffickers to make tractors more identifiable for anyone trying to locate a particular truck at a truck stop. Knaus also noticed the presence of a lock and seal on the trailer.

Knaus shared his observations with his colleagues and they kept defendant’s truck in sight as it entered the truck parking lot adjacent to the gas station. They decided to include defendant’s truck in their surveillance. During the course of the surveillance, Special Agent (SA) Tim Gainer checked the registration of defendant’s truck and related that it was expired. Knaus could not say when SA Gainer would have done so, but it was several hours before defendant pulled out of the lot. Knaus conceded he was not sure who checked the registration, but knew someone did either using their laptop computers or through radio dispatch. Eventually, the registrations for the tractor as well as the trailer were checked. Defendant’s truck was parked from about 6:40 p.m. until after 10 p.m. that night.

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Cite This Page — Counsel Stack

Bluebook (online)
900 N.E.2d 427, 387 Ill. App. 3d 181, 326 Ill. Dec. 791, 2008 Ill. App. LEXIS 1318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ruano-illappct-2008.