People v. Stone

614 N.E.2d 293, 244 Ill. App. 3d 881, 185 Ill. Dec. 159, 1993 Ill. App. LEXIS 430
CourtAppellate Court of Illinois
DecidedMarch 30, 1993
Docket1 — 91—4112,1—91—4120 cons
StatusPublished
Cited by13 cases

This text of 614 N.E.2d 293 (People v. Stone) 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. Stone, 614 N.E.2d 293, 244 Ill. App. 3d 881, 185 Ill. Dec. 159, 1993 Ill. App. LEXIS 430 (Ill. Ct. App. 1993).

Opinion

JUSTICE HARTMAN

delivered the opinion of the court:

Defendants, Robert and Gloria Stone, appeal their jury convictions, seeking reversal or, alternatively, reversal and remandment for a new trial. Robert was convicted of possession with intent to deliver a controlled substance (Ill. Rev. Stat. 1989, ch. 56x/2, par. 1401 (section 401)), and possession of a controlled substance (Ill. Rev. Stat. 1989, ch. 56x/2, par. 1402 (section 402)). Gloria was convicted of possession with intent to deliver a controlled substance (section 401), and two counts of possession of a controlled substance (section 402). They raise as issues whether (1) denial of their motion to suppress evidence and quash arrest violated their constitutional rights; (2) evidence presented by the State was sufficient to convict either of them; (3) the circuit court’s reversal of its ruling granting a motion in limine violated their rights to fair trials; (4) the court’s denial of their motion for a mistrial denied their rights to fair trials; and (5) alleged cumulative errors resulted in a deprivation of their rights to fair trials.

At a hearing on defendants’ motion to quash arrest and suppress evidence, Maywood police officer Robert Novak testified that on March 19, 1990, at approximately 8:30 p.m., he received a radio report of shots fired at 2028 South 3rd Ave. from a dark-colored vehicle bearing Indiana license plates. He arrived at that location two minutes later and observed a dark blue or black Buick Riviera with Indiana license plates, numbered 98 D 9860, parked a quarter block to the south of the address given. Officer Novak pulled behind it, exited his vehicle with his weapon drawn, and observed Gloria standing at the passenger side of the vehicle. Robert, her husband, was in the driver’s seat and her brother-in-law, Dennis Stone, was seated in the backseat on the passenger side of the vehicle.

Officer Novak instructed Gloria to step to the rear of the vehicle and to place her hands on the trunk. He then instructed Dennis to exit the vehicle, come to the rear of the vehicle and place his hands on the trunk. At this point, Maywood police officer Lawrence Jackson arrived and instructed Robert to exit the vehicle, which he did. Officer Novak performed a protective pat down on Dennis, searching for weapons. He tried to take Gloria’s purse for inspection. She struggled and asked him why. He stated that it was for officer’s safety and to search for any weapons. He observed that the purse was heavy and asked what it contained. At that moment a gunshot and a woman’s scream were heard coming from 2028 South 3rd Ave. Gloria jumped up and down and told the police officers that “[tjhey’re going to try to kill her again,” referring to the “lady at 2028” South 3rd Ave.

Jackson called for police backup and proceeded toward the sound of the gunshot. Officer Novak put Gloria’s purse on the trunk lid and proceeded in his squad car to back up Jackson. As he looked back, he saw Gloria and the others walking toward a house at 2039 South 3rd Ave. Upon arrival at 2028, Officer Novak met with a “female white” named Patricia, who told him that the three individuals he was just talking with were involved in the original shooting. Officer Novak ran back to the corner, where he observed all three subjects now walking from the backyard of 2039 South 3rd Ave. toward their car. Gloria was again in possession of her purse. He asked Gloria for her purse anew. Now she was very cooperative. All three individuals put their hands on the car at his direction. Officer Novak searched the purse and recovered a small clear plastic bag containing a white powdery substance, later determined to be 1.5 grams of cocaine. Gloria was placed under arrest and sat in one of the squad cars.

Following the search of Gloria’s purse, he went to the rear patio area at 2039 South 3rd Ave. and, from underneath a bush, recovered two loaded .38 revolvers, an unloaded .32 revolver, a bag of cocaine, and a bag of cannabis. The caliber and manufacturer of the weapons matched that of the live rounds later found in the trunk of the car.

The Stone vehicle was searched for weapons or other contraband. Ten .38-caliber special rounds of ammunition were found in the armrest compartment.

The other two subjects were seated in different squad cars. Neither Robert nor Dennis was placed under arrest until later, “[u]pon the arrival of additional units,” following Officer Novak’s recovery of contraband. Officer Novak testified that any time the department gets a call of shots fired and gets a description of the vehicle or gets a call and finds narcotics, the police do a preliminary search and tow the vehicle to the station for a more thorough search of the vehicle. At the police station, to which the Stone vehicle was later removed, police recovered from the glove compartment a blue “Crown Royal” bag containing $10,420, and a clear plastic bag containing 26.2 grams of cocaine. Also, found in the trunk was a Nordek 7.62 automatic assault rifle fully loaded with 30 rounds of ammunition, an additional 18 rounds, two clips containing nine rounds each and a box of “32 special” ammunition.

On cross-examination, Officer Novak testified that he did not see any defendants engaged in illegal conduct when he first came upon them. After hearing the gunshot, he was at 2028 South 3rd Ave. for two to three minutes before returning to defendants. Officer Novak did not know Patricia’s last name and had no arrest warrant for either defendant.

Maywood police officer Harold Jenkins testified that both defendants signed written consent forms, to search the automobile, at the police station.

The circuit court denied the motion as to both defendants. Further, the court granted a defense motion in limine precluding the mentioning at trial of the items recovered from behind the house at 2039.

At trial, Officer Novak substantially tracked the same events as in his testimony given at the suppression hearing. He added that Gloria’s purse was lighter when he took it the second time; defendants lived in Indianapolis, Indiana; he never found a key to the car’s glove compartment or trunk and therefore was unable to search those areas while it was on the street; and when he first got Gloria’s purse, he thought it possibly contained a weapon.

The circuit court informed the attorneys of a note that was received from a juror which asked “[d]id anyone search the area of 2039 where Officer Novak saw the defendants come from?” The court stated that it would be necessary to reverse itself on defendants’ in limine order, recounting that defense counsel for Robert, in his opening statement and his consistent cross-examination of Officer Novak, implied that the officer never observed Robert doing anything illegal. The court stated that it would be prejudicial to defendants just to admonish the jury that there was a prior ruling finding that defendants’ arrest was legal, and would now permit the jury to learn of the additional contraband found nearby. The court admonished the jury that other witnesses in the case would testify and to wait and listen to further evidence. Officer Novak was then recalled by the State and testified as to the items found at the rear of 2039 South 3rd Ave., as earlier described.

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Cite This Page — Counsel Stack

Bluebook (online)
614 N.E.2d 293, 244 Ill. App. 3d 881, 185 Ill. Dec. 159, 1993 Ill. App. LEXIS 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stone-illappct-1993.