People v. Thompson

347 N.E.2d 346, 38 Ill. App. 3d 88, 1976 Ill. App. LEXIS 2323
Procedural entryThis page is a short order in People v. Thompson. Read the opinion of the Court — 35 Ill. App. 3d 773
Appellate Court of Illinois·Decided April 28, 1976·No. No. 62125·Published

Opinions

Mr. JUSTICE BURMAN

delivered the opinion of the court:

The defendant, Tyrone Thompson, was arrested on November 18, 1974, and charged by complaint with possession of a controlled substance in violation of section 402 of the Illinois Controlled Substances Act. (Ill. Rev. Stat. 1973, ch. 56/2, par. 1402.) At a pretrial hearing, the defendant moved to suppress a plastic bag containing heroin which the police recovered from him subsequent to the latter being placed under arrest. After hearing the testimony of the defendant as well as one of the Chicago police officers who arrested him, the trial judge granted the motion to suppress on the basis that there was no probable cause to justify the warrantless arrest of the defendant.

On appeal, the State contends that (1) since a rehable informant proffered specific information concerning the defendant and (2) such information was verified by the police prior to the defendant’s arrest, there was probable cause to arrest and the trial court erred in granting the defendant’s motion to suppress.

A review of the record reveals that on November 18,1974, at 2 p.m., Chicago police officer Robert Lopez met with an informant who told him that the defendant had just left his apartment and was going to purchase heroin on the south side of Chicago. Besides indicating that the defendant was driving a 1970 Cadillac with license plate number UX 4828, the informant further related that the defendant would return with the narcotics to his own apartment located at 5525 North Winthrop at 3:30 p.m. Subsequent to receiving such information, Officer Lopez and his partner proceeded to the defendant’s residence and instituted direct surveillance on the premises. At approximately 3:20 p.m., the officers observed the defendant and his passenger, one Estric Wells, in the Cadillac described by the informant. The officers then curbed the automobile, arrested the defendant and Wells, searched them, and found heroin on their persons. Thereafter, both individuals were charged with possession of a controlled substance in violation of section 402 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1973, ch. 5652, par. 1402).

On December 12, 1974, a pretrial hearing was held wherein both the defendant and Wells moved to suppress the narcotics. After both the defendant and Wells respectively testified that the police stopped them for a robbery that allegedly had been committed, Officer Lopez took the stand and recounted what transpired on the date in question. He indicated that the same informant had on a prior occasion furnished him information concerning the defendant which led to the recovery of one ounce of heroin and two guns as well as the latter’s arrest. Officer Lopez further stated that he knew the defendant since he executed a search warrant for the latter’s apartment in connection with another offense for which the defendant was arrested but ultimately was discharged due to a “typographical error” in the search warrant. Upon conclusion of such testimony, the trial court, although conceding the reliability of the informant as well as that the defendant was in possession of the contraband on the day in question, sustained the defendant’s motion on the basis that there was no way the informant could tell Officer Lopez that the defendant would have narcotics on him since the informant did not know if a sale took place.

The sole issue on review is whether the information supplied by the informant constituted “probable cause” within the purview of the fourth amendment so that the arrest of the defendant, although without a warrant, would be lawful and the subsequent search of the defendant’s person and the seizure of the heroin would be valid as an incident to such lawful arrest. In determining the sufficiency of an informant’s tip as it relates to probable cause, a bifurcated standard was enunciated by the United States Supreme Court in Aguilar v. Texas, 378 U.S. 108, 12 L. Ed. 2d 723, 84 S. Ct. 1509. This test, which initially pertained to the sufficiency of an affidavit for a search warrant but was subsequently construed to include situations involving warrantless arrests (e.g., McCray v. Illinois, 386 U.S. 300, 304, 18 L. Ed. 2d 62, 67, 87 S. Ct. 1056; Beck v. Ohio, 379 U.S. 89, 96, 13 L. Ed. 2d 142, 147-48, 85 S. Ct. 223; Wong Sun v. United States, 371 U.S. 471, 479-82, 9 L. Ed. 2d 441, 450-52, 83 S. Ct. 407), requires the trial court to be informed of “[1] some of the underlying circumstances from which the informant concluded that the narcotics were where he claimed they were, and [2] some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed, [citation] was ‘credible’ or his information ‘reliable.’ ” Aguilar v. Texas, 378 U.S., 108, 114-15, 12 L. Ed. 2d 723, 729, 84 S. Ct. 1509.

Applying such legal edict to the case at bar, it is evident that the second prong of the Aguilar test was satisfied since the trial court conceded at the pretrial hearing that the informant was reliable. Thus, the crux of the instant appeal evolves around whether the information supplied by Officer Lopez at the suppression hearing met what has been classified as the “basis of knowledge” prong of the Aguilar test. (E.g., State v. Rigsbee (S.D. 1975), 233 N.W.2d 312, 314; People v. Williams (1975),_Colo. _, 541 P.2d 76, 78; Moylan, Hearsay and Probable Cause: An Aguilar and Spinelli Primer, 25 Mercer L. Rev. 741, 747 (1974).) In response to this pivotal question, the State primarily relies on the United States Supreme Court decision in Draper v. United States, 358 U.S. 307, 3 L. Ed. 2d 327, 79 S. Ct. 329, as being dispositive of its contention that there were sufficient underlying circumstances from which the informant could conclude there was criminal activity afoot. The defendant, on the other hand, maintains that the instant case is more analagous to People v. King, 12 Ill. App. 3d 355, 298 N.E.2d 715, and that the State’s reliance on Draper is misplaced as well as in contradistinction to Aguilar and its progeny since the incriminating conclusion by the informant that the defendant would possess heroin was not factually substantiated. We are not in accord with the defendant’s contentions.

Although the standard promulgated in Aguilar is still recognized as the necessary prerequisite to establish probable cause in cases involving warrantless arrests, such standard has been explicated by the decision of Spinelli v. United States, 393 U.S. 410, 21 L. Ed. 2d 637, 89 S. Ct. 584.

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People v. Thompson, 347 N.E.2d 346, 38 Ill. App. 3d 88, 1976 Ill. App. LEXIS 2323 (Ill. Ct. App. 1976).

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Related

Carroll v. United States
267 U.S. 132 (Supreme Court, 1925)
Draper v. United States
358 U.S. 307 (Supreme Court, 1959)
Wong Sun v. United States
371 U.S. 471 (Supreme Court, 1963)
Aguilar v. Texas
378 U.S. 108 (Supreme Court, 1964)
Beck v. Ohio
379 U.S. 89 (Supreme Court, 1964)
McCray v. Illinois
386 U.S. 300 (Supreme Court, 1967)
Spinelli v. United States
393 U.S. 410 (Supreme Court, 1969)
Chambers v. Maroney
399 U.S. 42 (Supreme Court, 1970)
People v. Williams
541 P.2d 76 (Supreme Court of Colorado, 1975)
State v. Rigsbee
233 N.W.2d 312 (South Dakota Supreme Court, 1975)
People v. King
298 N.E.2d 715 (Appellate Court of Illinois, 1973)