People v. Taylor

625 N.E.2d 785, 253 Ill. App. 3d 768, 192 Ill. Dec. 630, 1993 Ill. App. LEXIS 1757
Appellate Court of Illinois·Decided November 30, 1993·No. 4-93-0288·Published·Cited by 2 cases

Opinion

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the court:

In September 1992, the State charged defendant Chato Taylor with possession with intent to deliver more than 10 grams but less than 30 grams of cannabis on school grounds (Ill. Rev. Stat. 1991, ch. 561/2, par. 705.2(c)) and defendant Ricky Patterson with possession with intent to deliver more than 2.5 grams but less than 10 grams of cannabis on school grounds (Ill. Rev. Stat. 1991, ch. 56 1/2, par. 705.2(d)). Both defendants filed motions to suppress, and in March 1993 the trial court heard and granted them. The State appeals, arguing that the trial court’s assessment of the evidence was manifestly erroneous. _

We agree and reverse.

I. Background

On the morning of September 11, 1992, an Urbana High School teacher overheard students Lamont Powers and Rodney Smith discussing drug activity on school grounds. The teacher reported this conversation to school administrators, who directed school paraprofessional Gertrude Black to search Powers’ locker. She found several individually wrapped packages of marijuana in the pocket of a pair of pants. She reported her findings to assistant principal Grace Ashenfelter, who then asked Black to bring Smith to the school office. Black retrieved Smith from his class, and as they walked to the office, Smith threw a cigarette package into the garbage, saying “I don’t want people to know that I smoke.” Later, Black recovered the package and discovered that it contained marijuana.

In the school office, Ashenfelter talked with Smith about drug activity in the school. She asked him about other students who had marijuana at school, and Smith stated that defendants also had marijuana.

At that point, Ashenfelter sent another administrator to bring defendants to the office, and she then searched both of their lockers. In defendant Patterson’s locker, Ashenfelter found five individually wrapped packages of marijuana. Her search of defendant Taylor’s locker did not reveal any drugs. However, another school administrator found marijuana in defendant Taylor’s book bag after he arrived at the school office.

II. Analysis

In making its finding, the trial court stated as follows:

“I find that the standard for a search is a reasonable and articulable suspicion as opposed to probable cause.
The question then comes down to whether based upon the one thing alone, namely what Rodney Smith stated to Mrs. Ashenfelter, was sufficient to form a basis for that reasonable and articulable suspicion under the law without more. ***
The question becomes: Is what Rodney Smith told Mrs. Ashenfelter sufficient under the law to raise to the level to create a reasonable and articulable suspicion sufficient to permit the school officials to conduct a search? *** [W]ithout more, without any basis, without any further inquiry as to the basis of Smith’s knowledge, the simple statement so-and-so and so- and-so in response to the question, ‘Who might else be involved,’ gives two names, period, I simply don’t think that’s enough for what took place here ***.” (Emphasis added.)

This court will not overturn a trial court’s ruling on a motion to suppress unless it was manifestly erroneous. .(People v. Murray (1990), 137 Ill. 2d 382, 387, 560 N.E.2d 309, 311; People v. Smith (1992) , 224 Ill. App. 3d 511, 514, 586 N.E.2d 785, 787.) For the reasons that follow, we hold that the ruling before us was manifestly erroneous.

In making its findings, the trial court correctly set forth the applicable standard governing a search of a school locker or a student as reasonable suspicion. (See New Jersey v. T.L.O. (1985), 469 U.S. 325, 83 L. Ed. 2d 720, 105 S. Ct. 733.) However, it then considered the issue solely in terms of the sufficiency of Smith’s statement to Ashenfelter. In essence, the court found that without any inquiry as to the basis of Smith’s knowledge, his statement to the school authorities could not amount to reasonable suspicion permitting these searches. In doing so, the trial court failed to consider the other evidence of drugs on the school grounds that day.

By solely analyzing the underlying basis for Smith’s statement, the trial court analyzed the issue as if employing the Aguilar-Spinelli paradigm for determining probable cause. (See Aguilar v. Texas (1964), 378 U.S. 108, 114, 12 L. Ed. 2d 723, 728-29, 84 S. Ct. 1509, 1514; Spinelli v. United States (1969), 393 U.S. 410, 416, 21 L. Ed. 2d 637, 643-44, 89 S. Ct. 584, 589.) The Aguilar-Spinelli test for assessing the sufficiency of an informant’s tip was twofold: whether sufficient facts existed to show (1) how the informant obtained his information, and (2) that the informant was reliable. (People v. Payne (1993) , 239 Ill. App. 3d 698, 703, 607 N.E.2d 375, 379.) Each prong of this test required an independent evaluation, and if the evidence failed to satisfy both prongs, it was insufficient to establish probable cause. Payne, 239 Ill. App. 3d at 703, 607 N.E.2d at 379.

Noting the rigidity of the two-prong test, the Supreme Court in Illinois v. Gates (1983), 462 U.S. 213, 230-31, 76 L. Ed. 2d 527, 543-44, 103 S. Ct. 2317, 2328, rejected it in favor of the less rigorous “totality of the circumstances” analysis to establish probable cause. (Payne, 239 Ill. App. 3d at 704-05, 607 N.E.2d at 379-80.) Under Gates, probable cause to search exists if, considering the totality of the circumstances, a reasonable person would believe that an offense has occurred and that evidence of the offense is in the place to be searched. (Payne, 239 Ill. App. 3d at 704, 607 N.E.2d at 379.) No requirement exists under Gates that an informant’s credibility be independently established by his having previously provided verified information. See Payne, 239 Ill. App. 3d at 705, 607 N.E.2d at 380.

The trial court found that Smith’s statement, without evidence of its veracity or credibility, constituted insufficient grounds for the school to conduct its searches. Under the Gates totality of the circumstances analysis, however, the past reliability of an informant’s tip need not be established as a condition precedent to justify a search.

We also note that Gates concerned the State’s burden to show probable cause justifying a search, a standard placing a heavier burden on the State than the reasonable suspicion test that applies here. Thus, in view of the Supreme Court’s eliminating the rigid AguilarSpinelli analysis from probable cause evaluations, we hold that it has no place with regard to evaluating the lesser standard of reasonable suspicion.

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People v. Taylor, 625 N.E.2d 785, 253 Ill. App. 3d 768, 192 Ill. Dec. 630, 1993 Ill. App. LEXIS 1757 (Ill. Ct. App. 1993).

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