People v. Spann

604 N.E.2d 1138, 237 Ill. App. 3d 705, 178 Ill. Dec. 615, 1992 Ill. App. LEXIS 1987
CourtAppellate Court of Illinois
DecidedDecember 8, 1992
DocketNo. 2—91—0685
StatusPublished
Cited by1 cases

This text of 604 N.E.2d 1138 (People v. Spann) 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. Spann, 604 N.E.2d 1138, 237 Ill. App. 3d 705, 178 Ill. Dec. 615, 1992 Ill. App. LEXIS 1987 (Ill. Ct. App. 1992).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

The State appeals the order of the circuit court granting the motion of defendant, Ricardo Spann, to quash his arrest. The issues on appeal are whether the police had grounds to stop and frisk defendant and whether the police had probable cause to believe a bag concealed in defendant’s pocket contained contraband.

A grand jury indicted defendant for the possession of a controlled substance (Ill. Rev. Stat. 1989, ch. 56½, par. 1402(b)). On October 9, 1990, detective sergeant Mark Brictson of the Elgin police department obtained a warrant to search the apartment of Haywood Hughes at 602 Raymond Street in Elgin. Brictson had been in the apartment four times, had participated in two controlled drug purchases there, had watched the location periodically in September 1990, and had obtained information from a confidential informant. Brictson saw people enter the apartment and leave a couple minutes later; this traffic is typical of drug sales. He also had information that guns were in the apartment. The warrant made no reference to defendant, and Brictson had never seen him there. On the evening of October 9, Brictson and five other officers executed the warrant. One of the officers was from the Bureau of Alcohol, Tobacco and Firearms. Brictson testified that, when raiding narcotics operations, drug dealers use weapons to protect the premises and the police will often recover weapons.

Detective Philip Danner also executed the warrant. When the officers arrived outside Hughes’ apartment, they did not see Hughes’ car. They saw a different man drive to the location, park, knock on the apartment door, and enter the apartment when someone opened the door. Two minutes later, the officers saw Hughes’ car arrive, but he was not in it. The officers then entered the apartment. Brictson knocked on the door and announced “police” as he opened the door. Hughes and the man who previously arrived, whom Danner then recognized as defendant, were walking toward the door. Danner said, “Hello,” and defendant said, “Oh, shit.” He was looking around the apartment nervously, but he was not moving his hands or feet. Danner testified he was concerned with his safety. Danner knew that defendant had pending charges concerning the possession of cocaine and that he had an extensive criminal history, which included arrests for weapons charges. Danner ordered him to stand against the wall and frisked him.

Danner felt a bulge in defendant’s right front pocket. The bulge was smaller than an egg or about an inch wide. Danner squeezed it through defendant’s denim, and the bulge felt as if it had a powdery consistency. It did not appear to be a weapon. Danner thought that the bulge possibly contained cocaine. He pulled the bag from defendant’s pocket and saw a white, powdery substance in the bag. At the hearing, Danner stated he had seen and felt cocaine a hundred times, but he did not answer defendant’s question whether he had any training in distinguishing the feel of various substances. He knew cocaine felt powdery and crystalline. Danner had no definite information that defendant had cocaine prior to the removal of the bag from his pocket.

The trial court entered written findings in which it stated that the stop and frisk of defendant were proper but that the police officers failed to articulate a basis for suspecting defendant had a weapon or a basis for a more intrusive search grounded upon the feeling of something that did not appear to be a weapon. The trial court granted defendant’s motion to suppress evidence^ and the State appeals.

The State argues that the officers had justifiable reasons to frisk defendant because they believed a weapon was on the premises of a drug operation. The State also argues that, based on the totality of the circumstances involving defendant’s history and location, Danner had enough information supporting probable cause to believe the soft bulge in the pocket was cocaine. Defendant argues that the stop and frisk were improper and that Officer Danner did not have probable cause to search defendant.

A trial court’s decision to suppress evidence will not be overturned on review unless that decision is clearly erroneous. (People v. Galvin (1989), 127 Ill. 2d 153, 162.) Although the defendant has the burden of proof to make a prima facie showing that the police obtained the evidence illegally, once the defendant satisfies that burden, the burden of proof shifts to the State to show that the search was legal. (People, v. Simmons (1991), 210 Ill. App. 3d 692, 696.) Warrant-less searches are per se unreasonable; thus, when the defendant challenges a warrantless search and has presented evidence that he was doing nothing unusual at the time of the search, the State must demonstrate the legal justification for the search. 210 Ill. App. 3d at 699.

A police officer may make a valid investigatory stop even without probable cause to make an arrest if the officer knows sufficient articulable facts which create a reasonable suspicion that the person has committed or is about to commit a crime. (People v. Morales (1991), 221 Ill. App. 3d 13, 17.) For fourth amendment purposes, a valid warrant to search a location for contraband implicitly authorizes the detention of the occupants while the premises are being searched. (People v. Edwards (1991), 144 Ill. 2d 108, 126.) However, a person may not be searched during the execution of the search warrant merely because that person happens to be on the premises. (Ybarra v. Illinois (1979), 444 U.S. 85, 90-91, 62 L. Ed. 2d 238, 245, 100 S. Ct. 338, 341-42; Simmons, 210 Ill. App. 3d at 699.) The State must show an independent probable cause or show a sufficient connection between the premises and the person searched. (People v. Gutierrez (1985), 109 Ill. 2d 59, 62.) Moreover, the inference that a person talking to a narcotics dealer at a trafficking location is engaging in criminal traffic of narcotics is not the sort of reasonable inference required to support an intrusion by the police upon an individual’s personal security. (People v. Harper (1992), 237 Ill. App. 3d 202, 206, citing Sibron v. New York (1968), 392 U.S. 40, 62, 20 L. Ed. 2d 917, 934, 88 S. Ct. 1889, 1902.) The police had no information connecting defendant with Hughes or his residence; they saw defendant commit no crime; and he was doing' nothing threatening. Nevertheless, the trial court upheld the validity of the stop and frisk. Thus, the court put more weight on the officers’ testimony that defendant was acting suspiciously. While there are few facts to support the conclusion, it is not against the manifest weight of the evidence.

Defendant also argues that even if the police could stop a suspect, the right to frisk that person does not automatically follow the right to stop. (Galvin, 127 Ill. 2d at 165.) An officer may frisk the person only if the officer has reason to believe that he is dealing with an armed and dangerous individual and that the safety of the officer or others is in danger. (Morales, 221 Ill. App. 3d at 17.) The sole justification of the frisk is to protect the officer or others nearby but not to gather evidence. Galvin, 127 Ill. 2d at 170; Morales, 221 Ill. App. 3d at 17-18.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Spann
604 N.E.2d 1138 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
604 N.E.2d 1138, 237 Ill. App. 3d 705, 178 Ill. Dec. 615, 1992 Ill. App. LEXIS 1987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spann-illappct-1992.