People v. Steckhan

452 N.E.2d 122, 116 Ill. App. 3d 173, 72 Ill. Dec. 190, 1983 Ill. App. LEXIS 2026
CourtAppellate Court of Illinois
DecidedJuly 15, 1983
Docket82-216
StatusPublished
Cited by9 cases

This text of 452 N.E.2d 122 (People v. Steckhan) 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. Steckhan, 452 N.E.2d 122, 116 Ill. App. 3d 173, 72 Ill. Dec. 190, 1983 Ill. App. LEXIS 2026 (Ill. Ct. App. 1983).

Opinion

PRESIDING JUSTICE WILSON

delivered the opinion of the court:

Defendant, Ronald Steckhan, was charged by information with possession of a controlled substance with intent to deliver. (Ill. Rev. Stat. 1979, ch. 56½, par. 1401(a)(2).) He filed motions to quash the search warrant and suppress evidence seized. After an evidentiary hearing, those motions were granted. On appeal (87 Ill. 2d R. 604(a)(1)), the State asserts that the trial court erred when it granted defendant’s motions.

Although no appellee’s brief has been filed, this will not affect our review of this matter. First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill. 2d 128, 345 N.E.2d 493.

Defendant testified that at 3:30 p.m. on June 16, 1981, he arrived at O’Hare Airport. As he walked through the doors to the baggage claim section, he was stopped by Officer Rosemary Burzinski and Agent Bob Fulkerson. Agent Fulkerson placed his hand under defendant’s arm and asked if he would step over to the side. Both officers then identified themselves and displayed their badges. The officers did not tell him that he was free to leave and he did not believe that he could do so. They asked for his identification and airline ticket. They also told him he matched a description, but did not indicate what description. They then advised him that they wanted to search his luggage which they took and opened. Next, they removed a box from inside his luggage.

Rosemary Burzinski testified that she is an officer for the Chicago police department who works in the narcotics division and is stationed at O’Hare Airport. At 3 p.m. on June 16, 1981, she and Federal Agent Bob Fulkerson of the Drug Enforcement Administration, working in civilian clothes, monitored Delta flight 458 arriving from Fort Lauderdale, Florida. The officer identified Fort Lauderdale as a “source city,” i.e., one of the key cities from which narcotics are distributed. Defendant was the last passenger to exit the plane. The officer claimed that defendant walked slowly as he entered the concourse area and looked over his shoulder. He proceeded down the American Airlines’ escalator to the American Airlines’ baggage claim area. From there he walked to the Delta Airlines’ baggage claim area where he retrieved an attache case and brown suitcase. He gave the security guard two claim tickets and proceeded toward the exit. Officer Burzinski and Agent Fulkerson then walked alongside defendant, identified themselves, and asked to speak with him. He gave them an expired Illinois driver’s license for identification and a copy of his airline ticket. Inside his wallet was a large amount of currency. The ticket had been purchased for cash on the day of the flight. According to Officer Burzinski, the defendant, who was “visibly shaking,” stated that he had been on a two-day vacation in Florida. A young girl then appeared, spoke to defendant and remained near him while the officers informed defendant that they were conducting a drug investigation and that he was not under arrest but was free to leave. They then asked him more questions. He informed them that he was self-employed in the construction business and had never been arrested. The officers asked if they could open his luggage and he agreed. Neither piece of luggage contained clothes. However, inside the attache case was a package wrapped in brown paper, tape and string and addressed to Eric Steckhan. Defendant stated that the package contained shells and he did not mail it because he did not have enough money for additional postage. A man in his fifties then appeared at the doors near the baggage claim area and made eye contact -with defendant before leaving. The defendant refused the officers’ request to open the brown package. They then said they would take it to the customs area and let a dog sniff it for narcotics and that defendant could wait for the package or accept a receipt for it. He accepted the receipt, and left the airport with the other man. Several hours later, the officers obtained a search warrant and opened the package.

Don Steckhan testified that he is defendant’s father. On June 15, 1981, defendant called him from Florida and told him he would arrive the next day at O’Hare Airport, and he made arrangements to pick defendant up. When the witness and his 17-year-old daughter, Connie, arrived at the airport, they could not find a parking space. Connie entered the terminal to locate defendant while the witness remained in the car. Shortly thereafter, a police officer permitted the witness to park for a few minutes while he entered the terminal to locate defendant and Connie. When the witness proceeded to the baggage claim area, he observed defendant and Connie with a man and a woman. The witness then returned to his car.

Now, the State contends that the police properly detained defendant’s parcel for a cocaine sniff where the preceding stop disclosed articulable facts upon which the officers would reasonably conclude that the parcel contained narcotics. A trial court’s finding on a motion to suppress will not be disturbed unless it is manifestly erroneous. (People v. Reynolds (1983), 94 Ill. 2d 160, 445 N.E.2d 766.) An investigatory stop of an individual is proper where police officers can identify specific and articulable facts which when combined together with rationale inferences reasonably warrant the intrusion. (People v. Smithers (1980), 83 Ill. 2d 430, 415 N.E.2d 327.) The purpose of this standard is to protect individuals from intrusions upon constitutionally guaranteed rights based on nothing more substantial than inarticulate hunches. (People v. McMullen (1980), 82 Ill. App. 3d 1042, 403 N.E.2d 539.) A seizure occurs whenever a police officer accosts an individual and restrains his freedom to walk away. (People v. Kiser (1983), 113 Ill. App. 3d 501, 447 N.E.2d 858.) Voluntariness is a determination to be made from the totality of all the circumstances. People v. DeLisle (1982) , 104 Ill. App. 3d 297, 432 N.E.2d 954.

A review of the record herein discloses that when the officers initially confronted defendant, they committed a Terry investigatory stop. We note that the United State Supreme Court recently considered two cases that are somewhat similar, but distinguishable from the instant matter. They are Florida v. Royer (1983), 460 U.S. _, 75 L. Ed. 2d 229, 103 S. Ct. 1319, and United States v. Place (1983) , 462 U.S. _, 77 L. Ed. 2d 110, 103 S. Ct. 2637. Both cases involved investigatory stops at the Miami International Airport. In Florida v. Royer, the defendant Mark Royer, was observed at the airport by two detectives from Dade County, Florida, who were working on a narcotics detail. The detectives determined that Royer met the “drug courier profile,” that is, an abstract of characteristics associated with persons who transport illegal drugs.

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Bluebook (online)
452 N.E.2d 122, 116 Ill. App. 3d 173, 72 Ill. Dec. 190, 1983 Ill. App. LEXIS 2026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-steckhan-illappct-1983.