People v. Terry

570 N.E.2d 786, 211 Ill. App. 3d 968, 156 Ill. Dec. 310, 1991 Ill. App. LEXIS 505
CourtAppellate Court of Illinois
DecidedMarch 28, 1991
Docket1-89-2261
StatusPublished
Cited by23 cases

This text of 570 N.E.2d 786 (People v. Terry) 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. Terry, 570 N.E.2d 786, 211 Ill. App. 3d 968, 156 Ill. Dec. 310, 1991 Ill. App. LEXIS 505 (Ill. Ct. App. 1991).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Following a trial without a jury, defendant, Louis Terry, was convicted of possession of a controlled substance with intent to deliver, and sentenced to a four-year term. Defendant appeals, alleging that he was not proved guilty beyond a reasonable doubt; that the trial court erred in denying defendant’s motion to suppress the evidence; and that defendant should have been allowed to introduce exculpating and prior inconsistent statements of the arresting officer.

The pertinent facts are as follows. Chicago police officer Israel Pacheco, narcotics division, testified that on the night of November 11, 1987, at approximately 11:30 p.m., the dispatcher assigned him and two partners to follow up on a report of narcotics being sold from empty apartments located on the third floor of 4844 W. Walton, Chicago. The officers, dressed in plain clothes, drove to that location without a search warrant.

Upon entering the building, the officers were involved in a narcotics arrest on the first floor. Within 10 minutes, Pacheco proceeded to the third-floor landing while his partners concluded the first-floor arrest.

Pacheco approached the apartment on the right side of the landing. A set of iron gates covered the apartment door. Pacheco testified that he shoved the gates to determine whether the door was locked. As Pacheco pushed his hands through the gates, the apartment door swung open. Pacheco saw a woman, later identified as the apartment tenant, Cynthia Miller, running toward the gates. According to Miller, Pacheco held a gun, informed her that they were the police, and demanded that she open the door. Miller went back to the kitchen, retrieved a key, and unlocked the gates.

Pacheco' further testified that upon entering the apartment, he found three or four men in the kitchen, and that he saw defendant exit from the bathroom. Upon observing the police officer, the defendant went back into the bathroom. Pacheco testified that he saw the defendant shaking a clear, plastic bag containing a number of smaller, knotted white packets onto the floor. Pacheco ordered defendant to leave the bathroom.

Pacheco picked up the small packets from the floor and out of the commode. A bucket of water had spilled onto the bathroom floor, causing both the small packets and the empty plastic bag to become wet. Pacheco testified that he counted the bags as he picked them up, and that there were 32 small, knotted packets containing white powder. Pacheco indicated that all the wet bags he recovered were identical and that he suspected that they contained cocaine.

Upon returning to the police station, Pacheco inventoried the packets, but did not recount them because they were so wet that he was afraid they would start to tear. Pacheco inventoried 32 packets, with an estimated weight of eight grams. Pacheco did not make any identifying marks on the large plastic bag containing the 32 smaller packets. Pacheco placed the inventoried plastic bag containing the packets in a brown manila envelope which he sealed and labeled with his name, signature, and star, along with defendant’s name and the inventory number. The sealed envelope was then placed inside a safe.

Chicago police department chemist Margaret Kampert conducted an examination of the inventoried narcotics. Kampert testified that after checking the contents of the manila envelope, she concluded that the contents did not match the inventory; rather, Kampert found 42 packets inside a clear plastic bag, as opposed to the 32 packets inventoried by Pacheco. Kampert indicated the weight of evidence as 12.0 grams, conflicting with Pacheco’s estimated weight of the evidence as 8.0 grams.

On November 16, 1987, Kampert analyzed the contents of the recovered evidence. Initially, Kampert noted that the outside clear plastic bag containing the 42 smaller packets was wet, and that the inside of the bag was wet with a yellow, uremic substance. Kampert recorded the weight of three individual packets, and performed color and crystal tests. In addition, Kampert performed infrared analysis on one bag. The results of the tests were indicative of cocaine. Kampert sealed the packets in a manila evidence envelope, and submitted it to the department of evidence and recovered property.

On May 12, 1989, Kampert weighed and tested an additional 17 packets of evidence. Kampert performed color tests and infrared analysis on all the packets, and the results were positive for cocaine. Kampert further testified that it was difficult to work with the evidence at that time because the packet contents were dry, crusty, and hard.

Defendant filed a pretrial motion to suppress the evidence, arguing that defendant’s search, seizure and arrest were made in violation of the fourth amendment, as the police had no warrant and no exigent circumstances existed to justify the warrantless search. Miller testified on behalf of defendant that she lived and paid rent on the apartment where the police seized the evidence. According to Miller, she invited defendant and his girl friend into her apartment at approximately 6 p.m. Defendant had a couple of drinks and was asleep on the sofa at the time the police arrived at her apartment.

The State objected to defendant’s motion on the basis of standing, citing Rakas v. Illinois (1987), 439 U.S. 128, 58 L. Ed. 2d 387, 99 S. Ct. 421, for the proposition that fourth amendment rights are personal rights which another person cannot vicariously. assert, and that a person aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property cannot claim infringement of his fourth amendment rights. The trial court denied defendant’s motion, finding that the rationale of Rakas was controlling in this instance, and that defendant lacked standing to challenge the search of Miller’s apartment.

On appeal, defendant initially contends that he was not proved guilty beyond a reasonable doubt because the cocaine analyzed by the chemist and introduced at trial did not match the substance seized from the scene of the arrest. Upon our review of the entire record, we must agree that defendant was not proved guilty beyond a reasonable doubt. We need consider only the propriety of the admission of the cocaine into evidence.

Defendant claims that the State failed to prove that the cocaine recovered from the bathroom in Miller’s apartment was the same as that introduced at trial. Specifically, defendant argues that the discrepancy in the 32 packets of white powder with an estimated weight of 8 grams recovered at the scene of the arrest and inventoried by Pacheco conflicts with the 42 packets of wet, yellow substance weighing 12 grams analyzed by Kampert and introduced at trial. Defendant also asserts that the State’s failure to call the courier who transferred the evidence from the police station to the crime laboratory constitutes a missing link in the chain of custody, further supporting the reasonable probability that the State’s evidence was altered, exchanged or tampered with in some way before it was examined by Kampert.

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

Related

People v. Aquisto
2022 IL App (4th) 200081 (Appellate Court of Illinois, 2022)
People v. Robinson
2020 IL App (1st) 171327-U (Appellate Court of Illinois, 2020)
People v. Montgomery
2020 IL App (2d) 170459-U (Appellate Court of Illinois, 2020)
Herndon v. Dorethy
N.D. Illinois, 2020
People v. Smith
2014 IL App (1st) 103436 (Appellate Court of Illinois, 2014)
People v. Britton
2012 IL App (1st) 102332 (Appellate Court of Illinois, 2012)
People v. Eric B.
815 N.E.2d 917 (Appellate Court of Illinois, 2004)
People v. Hill
803 N.E.2d 138 (Appellate Court of Illinois, 2003)
People v. Fox
Appellate Court of Illinois, 2003
People v. Moore
Appellate Court of Illinois, 2002
People v. Lind
Appellate Court of Illinois, 1999
People v. R.F.
698 N.E.2d 610 (Appellate Court of Illinois, 1998)
In Re RF
698 N.E.2d 610 (Appellate Court of Illinois, 1998)
People v. Gibson
679 N.E.2d 419 (Appellate Court of Illinois, 1997)
People v. Ofoma
610 N.E.2d 738 (Appellate Court of Illinois, 1993)
People v. Payne
607 N.E.2d 375 (Appellate Court of Illinois, 1993)
People v. Carroll
590 N.E.2d 1010 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
570 N.E.2d 786, 211 Ill. App. 3d 968, 156 Ill. Dec. 310, 1991 Ill. App. LEXIS 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-terry-illappct-1991.