People v. Williams

333 N.E.2d 674, 30 Ill. App. 3d 1025, 1975 Ill. App. LEXIS 2732
Appellate Court of Illinois·Decided July 24, 1975·No. 12698·Published·Cited by 4 cases

Opinion

Mr. JUSTICE GREEN

delivered the opinion of the court:

After a hearing on a petition filed pursuant to the Juvenile Court Act (Ill. Rev. Stat. 1973, ch. 37, par. 701.1 et seq.) respondent, Ray Michele Williams, was adjudged to be a delinquent minor by the Circuit Court of McLean County. The adjudication was based on a finding that he had committed the offenses of possession of cannabis and an amphetamine in violation of section 4(a) of the Cannabis Control Act and section 402(b) of the Controlled Substances Act (Ill. Rev. Stat, 1973, ch. 56%, pars. 704(a), 1402(b)). He appeals from that adjudication, contending that the evidence upon which he was found to be delinquent was obtained in violation of his constitutional rights to be free from unreasonable searches and seizures and that he was deprived of his right to the effective assistance of counsel at the hearing. We affirm.

Detective Charles Crowe of the Bloomington Police Department testified that early in the morning of October 29, 1973, Gladys Stowalt told him that on the previous evening, her brother and the minor respondent, while at her home and in her presence, had agreed to commit a robbery. She had been brought to the police station by the person she said was the intended robbery victim. Later that day, Detective Crowe went to the minor’s home and took him into custody without a warrant. The Miranda warnings were read to the boy, and he was later transported to the police station in a squad car and taken to the interview room. Crowe stated that his intent was to book the boy for conspiracy to commit armed robbery.

Upon request of the police officers, the boy emptied his pockets. He pulled out, and put on a table, a small packet wrapped in aluminum foil. He was then frisked which Crowe said was for the purpose of searching for weapons that might be used against the officers. Crowe then took Ray’s coat and went through it, finding what appeared to be a marijuana cigarette. Evidence was introduced of tests that found the cigarette to contain cannibas and the packet in the foil to contain amphetamine.

A peace officer may arrest an individual without a warrant when “[h]e has reasonable grounds to believe that the person is committing or has committed an offense” (Ill. Rev. Stat. 1973, ch. 38, par. 107 — 2). He may also take a minor into custody when with “reasonable cause” he believes the minor to be delinquent (Ill. Rev. Stat. 1973, ch. 37, par. 703 — 1). A boy under 17 years of age who violates a State law is delinquent (Ill. Rev. Stat. 1973, ch. 37, par. 702 — 2). The respondent, Ray Michele Williams, was 16 years of age at the time he was taken into custody. The parties agree that the phrases “reasonable grounds” and “reasonable cause” have the same meaning and are synonymous with the phrase probable cause.

The People contend that the contraband substances were obtained by a search that was permissible as an incident to a lawful taking of the minor into custody. The minor maintains, first, that no sufficient cause or grounds existed for the arrest because no showing was made of the reliability of the informer or that any act had been taken in furtherance of the alleged agreement to commit robbery. Secondly, he argues that the arrest was improper because of the lack of showing of any exigencies that would have prevented the obtaining of an arrest warrant during the time that transpired between the information coming into the officers possession and the taking into custody of the respondent. Finally, the respondent argues that even if the arrest was valid, the search was too remote from the arrest.

The requirement of prior reliability which must be met when police act on tips from professional informers does not apply to information supplied by ordinary citizens (Draper v. United States, 358 U.S. 307, 3 L.Ed.2d 327, 79 S.Ct. 329; People v. Hester, 39 Ill.2d 489, 237 N.E.2d 466). There was no showing of any act in furtherance of the agreement to commit robbery. We have not been able to find authority as to whether probable cause requires some showing of every material element of the offense. In any event, the evidence of probable cause need be neither admissible nor sufficient to convict (Brinegar v. United States, 338 U.S. 160, 93 L.Ed. 1879, 69 S.Ct. 1302; People v. Pitts, 26 Ill.2d 395,186 N.E.2d 357). If there was insufficient showing of probable cause as to a conspiracy to commit robbery, there was sufficient evidence to show solicitation to commit robbery. Solicitation is defined as occurring when “with intent that an offense be committed” a person “commands, encourages ó'r requests another to commit that offense” (Ill. Rev. Stat. 1973, ch. 38, par. 8 — 1). Inferences of encouragement to commit an offense sufficient to meet the test for probable cause arise from the conversation in which the boys agreed to commit the robbery.

In People v. Johnson, 45 Ill.2d 283, 259 N.E.2d 57, cert. denied, 407 U.S. 914, 32 L.Ed.2d 689, 92 S.Ct. 2445, the police had reasonable cause to believe of an accused’s guilt for several days before they went to his apartment and arrested him without a warrant. The arrest was held valid even though there was no showing of exigent circumstances that prevented the seeking a warrant. An arrest without a warrant, although made 3 weeks after the crime without exigent circumstances, was upheld in People v. Johnson, 24 Ill.App.3d 152, 320 N.E.2d 69. The arrest being lawful, the police were not limited to the stop and frisk type of search as claimed by the minor (United States v. Robinson, 414 U.S. 218, 38 L.Ed.2d 427, 94 S.Ct. 467). The permissible scope of the search was not limited because it was made at the police station and not at the time of the initial arrest. People v. Gwin, 49 Ill.2d 255, 274 N.E.2d 43.

The minor had a right to the effective assistance oí counsel pursuant to section 1 — 20(1) of the Juvenile Court Act (Ill. Rev. Stat. 1973, ch. 37, par. 701 — 20(1) and amendments VI and XIV to the Federal Constitution as interpreted by In re Gault, 387 U.S. 1, 18 L.Ed.2d 527, 87 S.Ct. 1428. When the case was called for hearing, the minor’s father indicated that he was indigent and requested counsel. Counsel was appointed, and not more than 15 minutes later the case started. In People v. Husar, 22 Ill.App.3d 758, 318 N.E.2d 24, a court-appointed counsel started a case immediately after appointment and with very little preparation. The court informed him that he could have a continuance if he needed it. On appeal, it was held that the accused was not deprived of ■his right to the effective assistance of counsel because there was no showing substantial prejudice resulting to him from counsel’s lack of time to prepare.

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People v. Williams, 333 N.E.2d 674, 30 Ill. App. 3d 1025, 1975 Ill. App. LEXIS 2732 (Ill. Ct. App. 1975).

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