People v. Williamson

608 N.E.2d 943, 241 Ill. App. 3d 574, 181 Ill. Dec. 692, 1993 Ill. App. LEXIS 167
CourtAppellate Court of Illinois
DecidedFebruary 11, 1993
Docket4-91-0637
StatusPublished
Cited by15 cases

This text of 608 N.E.2d 943 (People v. Williamson) 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. Williamson, 608 N.E.2d 943, 241 Ill. App. 3d 574, 181 Ill. Dec. 692, 1993 Ill. App. LEXIS 167 (Ill. Ct. App. 1993).

Opinion

JUSTICE COOK

delivered the opinion of the court:

After a jury trial, defendant Ralph Williamson was convicted of possession of less than one gram of a substance containing cocaine and resisting a peace officer (Ill. Rev. Stat. 1989, ch. SGVe, par. 1402(b); ch. 38, par. 31 — 1) and was sentenced to four years of intensive probation supervision (IPS). Defendant appeals, contending the trial court erred in denying his motion to suppress physical evidence. We affirm in part, reverse in part and remand for a new trial on the charge of unlawful possession.

On August 15, 1990, at approximately 11 p.m., Officer John Kelly of the Danville police department responded to a call that a fight was in progress in the 100 block of South Kimball. Upon his arriving at the scene, Malinda Craft (formerly Barnes) told Kelly that defendant had been creating a disturbance and was possibly armed with a “weapon of some sort,” which was described as a “gun,” “knife,” or “something shiny.”

Kelly approached defendant and requested that defendant raise his arms. Defendant, who appeared intoxicated, was uncooperative and refused to comply. Kelly repeated his request and informed defendant that he wanted to search for a weapon. Defendant again refused and Kelly attempted to force defendant to raise one of his arms. Defendant pulled away and Kelly, thinking he was about to be struck, grabbed defendant. Both parties fell to the ground and struggled; several other officers arrived and subdued defendant. After defendant had been placed in custody, a search of his person did not reveal the alleged weapon.

Kelly then spoke with several witnesses, one of whom had only been identified as “Pasley.” Pasley told Kelly that defendant had earlier threatened to stab him (Pasley) with a knife. The record does not reflect whether Pasley ever saw a weapon. Kelly also spoke with Craft, who told him that defendant had arrived in a blue 1979 Chevrolet Chevette. Craft also informed Kelly that defendant had returned to his car between the time she saw him with the weapon and when the police had arrived. The car to which she referred was illegally parked in the street and was ordered towed.

Prior to the car being towed, Officer Steven Desecki of the department conducted an inventory of the car. At trial, Desecki testified that it was the policy of the department to inventory all vehicles which were to be towed. The inventorying officer was to search the vehicle and to note all items found on a tow-in report. Desecki testified that part of the search entailed the glove compartment wherein Desecki found a small, opaque prescription bottle. Desecki took the bottle out of the glove compartment, shook it, and heard a rattling noise that did not sound like pills. As the bottle was opaque, Desecki could not see the contents. Desecki opened the bottle and pulled out a razor blade, a cut-up piece of straw with a white, powdery residue which later was determined to be cocaine, and a “twisty thing.” Desecki returned the items to the bottle and gave the bottle to Kelly.

Defendant was charged with possession of a controlled substance and resisting a peace officer. On May 20, 1991, defendant filed a motion to suppress the prescription bottle and its contents. The trial court, after hearing the testimony of Kelly and -Desecki, denied defendant’s motion. Defendant contends, and we agree, the trial court erred in denying the motion to suppress.

On a motion to suppress evidence, defendant has the burden of establishing that the search and seizure were unreasonable. (Ill. Rev. Stat. 1989, ch. 38, par. 114 — 12(b); People v. Neal (1985), 109 Ill. 2d 216, 218, 486 N.E.2d 898, 899.) A trial court’s determination on a motion to suppress will not be overturned unless the decision of the trial court is manifestly erroneous. People v. Thomann (1990), 197 Ill. App. 3d 488, 496, 554 N.E.2d 748, 753; Neal, 109 Ill. 2d at 218, 486 N.E.2d at 899.

The State argues two justifications exist to support a search of both the vehicle and the prescription bottle contained therein: (1) the search was a valid inventory conducted pursuant to standardized procedures; and (2) Desecki had probable cause to search both the vehicle and the prescription bottle for the weapon allegedly possessed by defendant. Further, the State argues Desecki had probable cause to believe the prescription bottle contained a controlled substance.

The State first contends the search of both the vehicle and the prescription bottle was justified under an inventory rationale. Occasionally a police department’s community caretaking function will require it to tow and impound automobiles which violate parking ordinances and which thereby jeopardize both the public safety and the efficient movement of traffic. When vehicles are impounded, a police department will often inventory the contents of a vehicle; such an inventory serves several important interests: (1) the protection of an owner’s property while it remains in police custody; (2) the protection of the police against claims or disputes over lost or stolen property; and (3) the protection of the police from potential danger. (South Dakota v. Opperman (1976), 428 U.S. 364, 368-69, 49 L. Ed. 2d 1000, 1005, 96 S. Ct. 3092, 3096-97; People v. Clark (1976), 65 Ill. 2d 169, 174, 357 N.E.2d 798, 800.) An inventory search does not violate the constitutional prohibition against unreasonable searches if it is conducted pursuant to standardized procedures. (Opperman, 428 U.S. at 375-76, 49 L. Ed. 2d at 1009, 96 S. Ct. at 3100.) Inventory searches of vehicles are not limited merely to the vehicle itself, but also include closed containers within a vehicle. (Colorado v. Bertine (1987), 479 U.S. 367, 374-75, 93 L. Ed. 2d 739, 747-48, 107 S. Ct. 738, 742-43.) As with an inventory of the vehicle itself, however, the inventory of closed containers must be conducted pursuant to standardized police procedures. Bertine, 479 U.S. at 374-75, 93 L. Ed. 2d at 747-48, 107 S. Ct. at 742-43.

In People v. Binder (1989), 180 Ill. App. 3d 624, 536 N.E.2d 218, this court implied that written evidence of standardized police procedures or policies may be necessary, as an evidentiary matter, to demonstrate the existence and scope of standardized procedures regarding inventory searches. In Binder, police searched defendant’s vehicle for evidence of the possession or consumption of alcohol. Defendant was arrested and his vehicle was ordered towed. At trial, an officer testified that it was the policy of the police department to inventory vehicles which were to be towed. Vehicles were not to be towed if the owner or driver were outside the vehicle or if a car were properly parked. Other testimony indicated that vehicles would be towed where the owner was arrested outside the vehicle.

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Bluebook (online)
608 N.E.2d 943, 241 Ill. App. 3d 574, 181 Ill. Dec. 692, 1993 Ill. App. LEXIS 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-williamson-illappct-1993.