People v. Strickland

2021 IL App (2d) 190966-U
CourtAppellate Court of Illinois
DecidedJune 14, 2021
Docket2-19-0966
StatusUnpublished

This text of 2021 IL App (2d) 190966-U (People v. Strickland) 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. Strickland, 2021 IL App (2d) 190966-U (Ill. Ct. App. 2021).

Opinion

2021 IL App (2d) 190966-U No. 2-19-0966 Order filed June 14, 2021

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of Kane County. ) Plaintiff-Appellee, ) ) v. ) No. 17-CF-1227 ) SAVAUGHN STRICKLAND, ) Honorable ) Kathryn D. Karayannis, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________

JUSTICE SCHOSTOK delivered the judgment of the court. Justices Jorgensen and Brennan concurred in the judgment.

ORDER

¶1 Held: Defendant was proved guilty of drug possession based on two baggies of drugs recovered from his person after a traffic accident. The baggies were recovered during a second search of defendant, after the officer who had stopped defendant had turned off his squad car camera and before defendant was transported in a police van. However, it was plausible that the baggies were overlooked during the first search. Also, the officer had turned off his camera because he had already searched defendant (unsuccessfully) and was simply waiting for defendant to be transported.

¶2 Defendant, Savaughn Strickland, appeals from his conviction of unlawful possession of a

controlled substance (720 ILCS 570/402(c) (West 2016)). Defendant argues that the State failed

to prove him guilty beyond a reasonable doubt. We affirm. 2021 IL App (2d) 190966-U

¶3 I. BACKGROUND

¶4 On June 28, 2017, defendant’s vehicle was stopped by an Aurora police officer

investigating a report of a vehicle hitting a tree. The stop lead to the discovery of a small baggie

of cocaine weighing approximately 0.3 grams in defendant’s pocket and a small baggie of

suspected cannabis in defendant’s mouth. Defendant was indicted on one count of possession of

a controlled substance (id.). He was also issued a traffic citation for driving with a revoked driver’s

license (625 ILCS 5/6-303(a) (West 2016)). The matter proceeded to a jury trial.

¶5 The following relevant evidence was presented at trial. City of Aurora police officer

Christopher Grandchamp testified that, on June 28, 2017, at about 2:08 p.m., he responded to a

report of a hit-and-run, in the area of Second Avenue and Smith Street in Aurora, involving a black

BMW with out-of-state license plates. When he arrived on the scene, Grandchamp observed a

black Mercedes with front-end damage and a tree with fresh damage to the bark. The vehicle had

out-of-state license plates. As the vehicle began to drive away from the scene, Grandchamp

activated his squad car’s overhead lights and followed the vehicle as it continued for about a

hundred feet before pulling over. Grandchamp identified defendant as the driver of the vehicle.

¶6 Grandchamp testified that he approached the vehicle and asked defendant for his driver’s

license. Defendant told Grandchamp that he did not have one. Grandchamp asked defendant “why

he didn’t have a license, if it was suspended or such?” Defendant told Grandchamp “that his

license was suspended.” Defendant also told Grandchamp that he had hit the tree, left the area,

and then returned to retrieve his car parts. While speaking with defendant, Grandchamp learned

that defendant’s license was revoked. Grandchamp also smelled an odor of cannabis emanating

from the vehicle. Grandchamp asked defendant to step out of the vehicle. Grandchamp then

searched defendant “in a compartmentalized way that [he] [does] every time.” Grandchamp

-2- 2021 IL App (2d) 190966-U

testified that the purpose of the search was to look for cannabis. Grandchamp testified that, while

he was searching defendant, defendant “was squirming back and forth, just squirming. Didn’t

seem like he wanted me to search.” When Grandchamp was asked to described what he meant by

“ ‘squirming,’ ” Grandchamp explained: “He was moving away from where I was trying to reach

my hands, bending at the knees and the waist back and forth.” Grandchamp did not find anything

during his search. Grandchamp took defendant into custody because he was driving with a revoked

driver’s license.

¶7 Grandchamp testified that Aurora police officer Danny Rios arrived with a transport van

to transport defendant to the police station. Rios searched defendant prior to placing him in the

van. The search was done behind Grandchamp’s police car. Grandchamp observed Rios remove

a “clear plastic bag with a rock-like substance” from defendant’s front left pocket. Grandchamp

described it as a “small bag” that was “closed” and “wrapped, twisted at the top.” Grandchamp

identified People’s exhibit No. 1 as the item retrieved from defendant’s pocket. Grandchamp did

not feel the bag when he conducted the initial search of defendant. Grandchamp testified further

that, during Rios’s search of defendant, Rios noticed that defendant “was talking kind of funny.”

Grandchamp ordered defendant to spit out what he had in his mouth. Defendant did not

immediately comply. Rios grabbed defendant’s head and put his hand near defendant’s jawline.

Defendant eventually spit out what was in his mouth, which was a “plastic bag [containing] a

plant-like substance.” Grandchamp testified that the bag was “[c]losed and twisted at the top.”

Grandchamp identified People’s exhibit No. 2 as the item recovered from defendant’s mouth.

Grandchamp identified People’s exhibit Nos. 5 through 13 as various photographs that were

admitted into evidence, including photographs of (1) the items recovered from defendant’s mouth

and pocket, (2) defendant’s vehicle, (3) parts of defendant’s vehicle, and (4) the tree.

-3- 2021 IL App (2d) 190966-U

¶8 Grandchamp testified that his squad car was equipped with a video recording system.

Grandchamp wore a microphone that would sync with whichever vehicle he was driving on a

particular day. The video recording system begins recording when the emergency lights are

activated. On the day of the incident, the squad car video, which showed the front of his squad

car, began recording when he first activated his emergency lights, and it recorded Grandchamp’s

interactions with defendant. The search conducted by Rios was not captured on video, because

the search took place behind Grandchamp’s squad car after the video recording terminated. Rios

cannot be seen at any point in the video. The video was admitted into evidence as People’s exhibit

No. 3B and played for the jury.

¶9 On cross-examination, Grandchamp acknowledged that, when he first approached the

vehicle, he did not see defendant make any movements with his head or hands. As Grandchamp

approached, defendant opened the door to speak with him because the window was not working.

Defendant answered all of Grandchamp’s questions. Grandchamp acknowledged that he did not

smell cannabis at that time and that he did not make a note of the odor in his police report. He did

not see defendant put anything in his mouth or pockets.

¶ 10 Grandchamp further testified that he would not be surprised to learn that his search of

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

Related

People v. Cunningham
818 N.E.2d 304 (Illinois Supreme Court, 2004)
People v. Ortiz
752 N.E.2d 410 (Illinois Supreme Court, 2001)
People v. Givens
361 N.E.2d 671 (Appellate Court of Illinois, 1977)
People v. Smith
681 N.E.2d 80 (Appellate Court of Illinois, 1997)
People v. Vasquez
599 N.E.2d 523 (Appellate Court of Illinois, 1992)
State of Iowa v. Scottize Danyelle Brown
930 N.W.2d 840 (Supreme Court of Iowa, 2019)
People v. Jackson
2020 IL 124112 (Illinois Supreme Court, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
2021 IL App (2d) 190966-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-strickland-illappct-2021.