People v. Wilson

620 N.E.2d 499, 250 Ill. App. 3d 838, 189 Ill. Dec. 531, 1993 Ill. App. LEXIS 1382
Appellate Court of Illinois·Decided September 9, 1993·No. No. 4-92-0643·Published·Cited by 3 cases

Opinion

JUSTICE LUND

delivered the opinion of the court:

Defendant Tyrone Wilson appeals his conviction on drug charges handed down by the circuit court of Champaign County claiming Judge Jensen erred in denying a motion to suppress evidence obtained as a result of a warrantless arrest. Following a stipulated bench trial before Judge Townsend, defendant was found guilty of unlawful possession with intent to deliver more than 1 gram but less than 15 grams of a substance containing cocaine (Ill. Rev. Stat. 1991, ch. 56½, par. 1401(c)(2)) and sentenced to 15 years’ incarceration in the Department of Corrections.

Defendant was arrested on the basis of tips supplied by his girlfriend, Rebecca Ambrose. Officer John Murphy, of the Champaign police department, testified he knew Ambrose because he had been involved in a number of controlled drug purchases from her. In July or August 1991, Murphy executed a search warrant at the home she shared with defendant. At this time Ambrose provided information regarding defendant’s drug activities, telling Murphy that defendant sold drugs out of a room at the Budgetel Hotel in Champaign. This information was partially confirmed when Murphy visited the hotel and found a registration card under defendant’s name. A hotel employee told him that defendant was a regular guest.

On November 25, 1991, Murphy received a call from Ambrose, who said there were certain “activities taking place,” but no specific details were given. The information provided was insufficient to place a specific person at a specific location. Later in his testimony Murphy provided these details, saying Ambrose had told him an apartment in the 300 block of West Columbia was going to be used to weigh and bag cocaine. Ambrose also described defendant’s car and gave him the license plate number. The following day Ambrose called again, but Murphy was unable to take the call. She called back later and spoke with Illinois State Police Officer Willie Gartrell, who was assigned to the same drug task force as Murphy. Gartrell did not know the identity of the caller.

The caller told Gartrell that defendant and Lee Creighton were bagging cocaine at a house on Columbia Street, just west of State Street. She did not know the exact address of the house, but described it as brown in color with a brown Toyota parked in the back alley. She also provided the license number of the car. Gartrell notified Murphy of the call, and they began a search of the area in separate cars. Although they were able to locate a house matching the description by Ambrose, no brown Toyota was found. Gartrell testified he could not recall if the brown house they found was the only brown house on the 300 block of Columbia Street. No description of the house was included in Murphy’s police report.

After searching for 20 minutes and finding nothing, Gartrell received another call from the same woman he had spoken to earlier that day. Gartrell had talked with Murphy about the first call and determined that the caller was most likely Ambrose. Gartrell had never spoken with Ambrose before, but he recognized the voice in the second call as the same person who had called him earlier that day. During the second call Gartrell asked the caller if she was Rebecca Ambrose, but she refused to say.

Murphy’s testimony differs in that he claims Gartrell already knew Ambrose’s identity. According to Murphy, Gartrell thought he was the only officer to receive a call from Ambrose and knew her name before speaking with Murphy about the call. Gartrell, however, testified the caller never identified herself and that it was Murphy who supplied him with a name.

Gartrell learned from the second call that defendant and Creighton had left the house on Columbia and were driving to the 1500 block of Holly Hill to pick up Creighton’s brother and take him to work. After this, the two planned to drive to Ambrose’s trailer. Gartrell responded to the call by heading for Ambrose’s trailer at 25 Sycamore Street. Murphy headed for the Holly Hill address, located northwest of the Columbia Street address. On the way to Holly Hill, Murphy spotted defendant’s vehicle traveling east in the 700 block of West Bradley Street, about eight blocks from the Holly Hill residence. Murphy followed the vehicle long enough to bring in other officers in order to feel secure in stopping the car. The vehicle was under continuous observation, and he observed that the vehicle made no stops other than for traffic control and no individuals approached the vehicle. Murphy recognized defendant as the passenger in the car.

Defendant’s vehicle was stopped by Murphy. A car carrying Gartrell and Officer Eckhardt participated in the stop. Eckhardt testified he saw no indication of criminal activity or suspicious behavior. After the stop, Eckhardt ordered defendant to exit the vehicle and, shortly thereafter, he conducted a search of his person by patting him down and then looking in the coat pockets of the leather jacket he was wearing. He did not feel anything that may have been a weapon during the pat-down search. Eckhardt testified that at the time of the search defendant was not under arrest, but this was only because he had not said the “magic words.” After looking through defendant’s inside jacket pocket, Eckhardt found what appeared to be a controlled substance. At this point, he placed defendant under arrest.

Eckhardt testified the reason for stopping the car was to determine whether defendant was in possession of drugs. He had no personal knowledge of whether defendant would be in possession of drugs, and he was unable to verify any of the information supplied to him in the investigation up to that point. He could not say that defendant had ever visited the Columbia Street address, nor could he say whether defendant had been to the Holly Hill address. Gartrell, who was riding in the car with Eckhardt, was similarly unable to corroborate any of the information he had received in the two calls, other than the fact that defendant would be riding in a particular color Toyota with a specific license plate number.

Officer Murphy testified that the only information provided by the caller that he was able to independently verify was defendant’s presence in a particular vehicle on a particular date. When asked if the caller was certain the controlled substance had been secured or whether she believed it had been secured, Murphy responded that he could not testify to her frame of mind. Also, he did not know where she was calling from. When asked to state his basis for stopping the vehicle, Murphy replied it was the caller’s description of the vehicle alleged to be involved in the movement of cocaine and, once the vehicle was spotted, the fact that he was able to positively identify defendant as the passenger in the car. Defense counsel then asked:

“Q. But isn’t it true, Officer Murphy, that there was not definitive information provided to you that there was any contraband in this vehicle; is that correct?
A. It was definitive in my mind based on the location of the vehicle, based on, as my report reflects, that the caller had indicated that the bulk portion of the cocaine was being stored at Lee Creighton’s house on Holly Hill; the proximity of the vehicle being 8 blocks from Holly Hill traveling in an eastbound direction, I felt that it was a very high chance that that’s where the vehicle had just come from.

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People v. Wilson, 620 N.E.2d 499, 250 Ill. App. 3d 838, 189 Ill. Dec. 531, 1993 Ill. App. LEXIS 1382 (Ill. Ct. App. 1993).

620 N.E.2d 499 (People v. Wilson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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