People v. Wolfbrandt

469 N.E.2d 305, 127 Ill. App. 3d 836, 82 Ill. Dec. 771, 1984 Ill. App. LEXIS 2354
CourtAppellate Court of Illinois
DecidedSeptember 17, 1984
Docket3-83-0328
StatusPublished
Cited by22 cases

This text of 469 N.E.2d 305 (People v. Wolfbrandt) 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. Wolfbrandt, 469 N.E.2d 305, 127 Ill. App. 3d 836, 82 Ill. Dec. 771, 1984 Ill. App. LEXIS 2354 (Ill. Ct. App. 1984).

Opinion

JUSTICE STOUDER

delivered the opinion of the court:

Following a jury trial, defendant, David Wolfbrandt, was convicted of murder (Ill. Rev. Stat. 1981, ch. 38, par. 9—1(a)), armed robbery (Ill. Rev. Stat. 1981, ch. 38, par. 18—2(a)), armed violence (Ill. Rev. Stat. 1981, ch. 38, par. 33A—2) and conspiracy (Ill. Rev. Stat. 1981, ch. 38, par. 8—2). He and James Quirin had been previously indicted for these offenses by the grand jury of Warren County. The circuit court of Warren County sentenced defendant to concurrent terms of 70 years, 30 years, 30 years, and 3 years imprisonment in the Illinois Department of Corrections. James Quirin’s conviction for conspiracy is not at issue in this appeal.

During the early morning hours of December 7, 1981, Warren County Deputy Sheriff George Darnell was dispatched to a bulk fuel storage plant near Monmouth, Illinois. A caller reported to the sheriffs department suspicious activity at the plant. Upon his arrival at the plant, Deputy Darnell radioed the dispatcher he would be out of his squad car because he observed a tanker either loading or unloading fuel. This was the last message received from the deputy.

Subsequently, a Monmouth city policeman was sent to the plant, where he saw a Warren County squad car with its lights on, the driver’s side door open, and the engine running. The officer found the deputy’s body lying face up in the grass about 8 to 10 feet from the squad car. The officer further observed that Darnell was dressed in a deputy sheriff’s uniform and had a gun in his holster. It was later determined that Darnell was shot twice in the head, once in the chest, and once in the abdomen.

In January 1982, agents of the Illinois Department of Law Enforcement, Division of Criminal Investigation (DCI), received information that defendant was involved in thefts of fuel and may have been responsible for the shooting death of Deputy Darnell. Surveillance of defendant’s home in Davenport, Iowa, and surveillance of his blue and white 1972 freightliner truck (vehicle) in Bettendorf, Iowa, was initiated by DCI agents with the knowledge of local law enforcement officials. On the evening of January 31, 1982, defendant was followed by two DCI agents and two Warren County deputy sheriffs. Subsequently, these officers witnessed defendant commit the theft of a grain trailer in Washington County, Iowa. Agent David Reed and Deputy Don Breuer remained in Washington County to notify that county’s sheriff, while Agent James Comrie and Deputy Gary Higbee pursued defendant. This pursuit led to Donnellson, Iowa, in Lee County. Reed and Breuer rejoined the pursuit and met Lee County Sheriff’s Deputy Henshaw, who joined the pursuit. In Donnellson, the Illinois officials met with Lee County Sheriff Arnold, Deputy Henshaw, and a Donnellson city police officer. These officers decided to attempt an arrest of defendant for the trailer theft; however, defendant left Donnellson before the arrest could be made.

It was subsequently determined that defendant had entered the State of Missouri. Acting under the instructions of Sheriff Arnold, the officers again began the pursuit. Agent Comrie and Deputy Higbee located defendant near Taylor, Missouri, in Marion County. After requesting assistance from Missouri officers by radio, Comrie and Higbee placed defendant under arrest and held him until Sheriff Arnold and Missouri officers arrived. Defendant was advised of his constitutional rights and gave his name as David Hunter. A Sergeant Schroeder of the Missouri State Highway Patrol and Marion County Deputy Sheriff David Lovelace presented defendant with a printed Missouri consent-to-search form, which he subsequently signed. Lovelace and Corporal Gordon of the Missouri State Highway Patrol performed the search of defendant’s vehicle. Two pairs of bolt cutters were seized from an unlocked toolbox attached to the rear of the truck. Defendant, at a subsequent suppression hearing, admitted ownership of these bolt cutters. Defendant was charged in Iowa with theft of the grain trailer, but these charges were later dismissed, and defendant was indicted in Warren County, Illinois, for the offenses of murder, armed robbery, armed violence and conspiracy. Trial commenced, and at its conclusion the jury returned a guilty verdict. Defendant has asked that we review numerous issues on appeal, and for the following reasons we affirm the decision of the circuit court.

The first issue on appeal is whether the trial court erred in denying defendant’s motion to suppress physical evidence discovered during the search of his vehicle. Defendant first contends that the validity of the search must be resolved under Illinois law, citing People v. Saiken (1971), 49 Ill. 2d 504, 275 N.E.2d 381, and People v. DeMorrow (1974), 59 Ill. 2d 352, 320 N.E.2d 1, as authority for this proposition. We are not persuaded that these cases are determinative of the issue in question. Neither case involves the validity of an extraterritorial arrest and subsequent search. Both Saiken and DeMorrow held that the issues presented in their respective cases were evidentiary and, therefore, procedural. As the court in Saiken stated, “[traditional conflict principles prescribe that issues of clearly procedural nature are governed by the internal laws of the forum, whereas substantive matters are controlled by the laws of the State where the transaction occurred.” 49 Ill. 2d 504, 509, 275 N.E.2d 381, 385.

The United States Supreme Court has held that the question of reasonableness of a State search and seizure is governed by Federal constitutional standards as expressed in the fourth amendment and the decisions of the court in applying that amendment. (Ker v. California (1963), 374 U.S. 23, 10 L. Ed. 2d 726, 83 S. Ct. 1623.) According to Miller v. United States (1958), 357 U.S. 301, 2 L. Ed. 2d 1332, 78 S. Ct. 1190, and United States v. Di Re (1948), 332 U.S. 581, 92 L. Ed. 210, 68 S. Ct. 222, the validity of an arrest without a warrant is determined by the law of the State where the arrest took place. In accord with this ruling is People v. Clark (1977), 46 Ill. App. 3d 240, 360 N.E.2d 1160, where the court stated that “*** the validity of an arrest without a warrant for State offenses is determined by the law of the State in which the arrest occurred. ***” (46 Ill. App. 3d 240, 243, 360 N.E.2d 1160, 1163.) In the present case it is undisputed the arrest occurred in Missouri. We hold the substantive law of Missouri must be applied to determine the validity of defendant’s arrest and the consequences of the arrest.

Defendant next contends that his arrest in Missouri was not justified under the doctrine or “fresh pursuit” or as a citizen’s arrest. Generally, a peace officer is not granted the authority to make warrantless arrests outside of the political entity in which the officer serves, unless the officer is engaged in “hot” of “fresh pursuit” of a suspect. (See People v. Clark (1977), 46 Ill. App. 3d 240, 360 N.E.2d 1160.) The doctrine of “fresh pursuit” in Missouri is governed by the Uniform Fresh Pursuit Law.

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Bluebook (online)
469 N.E.2d 305, 127 Ill. App. 3d 836, 82 Ill. Dec. 771, 1984 Ill. App. LEXIS 2354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wolfbrandt-illappct-1984.