People v. Walter

872 N.E.2d 104, 374 Ill. App. 3d 763, 313 Ill. Dec. 344, 2007 Ill. App. LEXIS 749
CourtAppellate Court of Illinois
DecidedJune 29, 2007
Docket2-06-0104
StatusPublished
Cited by21 cases

This text of 872 N.E.2d 104 (People v. Walter) 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. Walter, 872 N.E.2d 104, 374 Ill. App. 3d 763, 313 Ill. Dec. 344, 2007 Ill. App. LEXIS 749 (Ill. Ct. App. 2007).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the Court:

The State appeals from an order of the circuit court of Du Page County granting defendant Rodney C. Walter’s amended motion to quash his arrest for driving under the influence of alcohol (DUI) (625 ILCS 5/11 — 501(a)(1), (a)(2) (West 2004)) and to suppress evidence. We reverse and remand.

Defendant was arrested on the evening of April 30, 2005, by Bloomingdale police officer Gary Fuchs. Subsequent to the arrest, Officer Fuchs executed a sworn report indicating that defendant had submitted to testing of the alcohol content of his blood, that the testing revealed a blood alcohol concentration of 0.175, and that defendant had been given notice of the statutory summary suspension of his driving privileges, pursuant to section 11 — 501.1 of the Illinois Vehicle Code (625 ILCS 5/11 — 501.1 (West 2004)).

Defendant apparently filed a petition to rescind the statutory summary suspension. Although the petition itself does not appear in the record, a hearing on the petition was held before Judge Nicholas J. Galasso on May 31, 2005. At the hearing, Officer Fuchs testified that at about 9 p.m. on April 30, 2005, he responded to a report of a motor vehicle accident near the intersection of Schick Road and Gary Avenue. When Officer Fuchs arrived at the scene, he spoke with the driver of one of the vehicles involved in the accident, who is referred to in the record as Mr. Joy. Mr. Joy advised Officer Fuchs that the other driver had pulled his vehicle into the parking lot of a nearby fast-food restaurant. Officer Fuchs proceeded to the restaurant. When he arrived, Officer Fuchs observed defendant leaving the restaurant. Officer Fuchs testified that he asked defendant whether he had been involved in a traffic accident. Defendant responded that he had. Officer Fuchs did not specifically ask whether defendant had been driving the vehicle involved in the accident. Officer Fuchs testified that defendant’s eyes were bloodshot and that he had a strong odor of alcohol on his breath. During their conversation, defendant told Officer Fuchs that he had come from an establishment called Fox and Hounds that serves food and liquor. Officer Fuchs asked defendant whether he had consumed any alcohol, and defendant responded that he had had four glasses of beer. Officer Fuchs then administered several field sobriety tests to defendant. Based on defendant’s performance on the tests, Officer Fuchs believed defendant was under the influence of alcohol. Officer Fuchs also administered a portable breath test, which registered an alcohol concentration of 0.167. Judge Galasso granted defendant’s petition, reasoning that the State had failed to prove that defendant had been driving.

Defendant later filed a motion to quash his arrest and suppress evidence. A hearing on that motion was held before a different judge, the Honorable Kenneth W. Torluemke. A transcript of Officer Fuchs’s testimony at the rescission hearing was admitted into evidence at the hearing on the motion to quash and suppress. In addition, Bloomingdale police officer Jim Janes testified that he was dispatched to assist Officer Fuchs at the scene. When he arrived, he saw Officer Fuchs administering field sobriety tests to defendant. Officer Janes spoke briefly with Officer Fuchs, and it was agreed that Officer Janes would speak with Mr. Joy. Officer Janes proceeded to interview Mr. Joy. During the interview, Mr. Joy pointed out defendant as the driver of the other vehicle involved in the accident. However, Officer Janes testified that he conveyed this information to Officer Fuchs only after they had both returned to the police station.

Judge Torluemke denied the motion to quash and suppress, but defendant filed an amended motion to quash and suppress, which was heard by Judge Galasso. No new evidence was presented in support of the amended motion. Based on the transcripts of testimony at the rescission hearing and the hearing on defendant’s original motion to quash and suppress, Judge Galasso granted defendant’s motion. This appeal followed.

On a motion to quash an arrest and suppress evidence, it is the defendant’s burden to present a prima facie case that the police lacked probable cause to arrest. People v. Brexton, 343 Ill. App. 3d 322, 326 (2003). Once the defendant has done so, “the State has the burden of going forward with evidence to counter the defendant’s prima facie case.” People v. Gipson, 203 Ill. 2d 298, 307 (2003). Review of a ruling on a motion to quash an arrest and suppress evidence can present a question of law, questions of fact, or both. People v. Lee, 214 Ill. 2d 476, 483 (2005). A reviewing court must accord great deference to the trial court’s factual findings and should reverse them only if they are against the manifest weight of the evidence. People v. Sorenson, 196 Ill. 2d 425, 431 (2001). However, a reviewing court will review de novo the ultimate question of whether a motion to quash and suppress should be granted on a given set of facts. People v. Luedemann, 222 Ill. 2d 530, 542-43 (2006).

Defendant insists that the trial court’s ruling that Officer Fuchs had no reasonable, articulable suspicion to detain him was based upon the trial court’s findings as to credibility. Defendant argues that those findings were not against the manifest weight of the evidence. The facts are not really in dispute, however. The testimony presented was essentially uncontradicted, and the parties appear to be largely in agreement as to the historical facts. The real issue before us is whether, under the fourth amendment, those facts mandate that defendant’s arrest be quashed and that the evidence be suppressed. We examine that issue de novo.

The fourth amendment to the United States Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const., amend. IV The search and seizure provision of the Illinois Constitution is interpreted in “limited lockstep” with the fourth amendment. People v. Caballes, 221 Ill. 2d 282, 288-317 (2006) (reaffirming “limited lockstep” doctrine). As our supreme court has noted, “[c]ourts have divided police-citizen encounters into three tiers: (1) arrests, which must be supported by probable cause; (2) brief investigative detentions, or ‘Terry stops,’ ***; and (3) encounters that involve no coercion or detention and thus do not implicate fourth amendment interests.” Luedemann, 222 Ill. 2d at 544. Here, it is the second type of encounter — a Terry stop — that is at issue.

Terry stops take their name from the United States Supreme Court’s decision in Terry v. Ohio, 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968), which held that the public interest in effective law enforcement makes it reasonable in some situations for law enforcement officers to temporarily detain and question individuals, notwithstanding the absence of probable cause for an arrest. Under Terry, a limited investigatory stop is permissible where there exists a reasonable suspicion, based upon specific and articulable facts, that the person has committed or is about to commit a crime. Terry, 392 U.S. at 21-22, 20 L. Ed. 2d at 906, 88 S. Ct. at 1880.

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Cite This Page — Counsel Stack

Bluebook (online)
872 N.E.2d 104, 374 Ill. App. 3d 763, 313 Ill. Dec. 344, 2007 Ill. App. LEXIS 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walter-illappct-2007.