People v. 1945 North 31ST Street, Decatur
| Decision Date | 15 December 2005 |
| Docket Number | No. 99941.,99941. |
| Citation | 841 N.E.2d 928,217 Ill.2d 481 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. A PARCEL OF PROPERTY COMMONLY KNOWN AS 1945 NORTH 31ST STREET, DECATUR, MACON COUNTY, ILLINOIS (Moises Luna et al., Appellants). |
| Court | Illinois Supreme Court |
Moore, Susler, McNutt & Wrigley, L.L.C., Decatur (William A. McNutt, Robert I. Wrigley and Nicholas C. Phipps, of counsel), for appellants.
Lisa Madigan, Attorney General, Springfield, (Gary Feinerman, Solicitor General, and Linda D. Woloshin and Katherine D. Saunders, Assistant Attorneys General, Chicago, of counsel), for the People.
Pursuant to the Drug Asset Forfeiture Procedure Act (Forfeiture Act) (725 ILCS 150/1 et seq. (West 2002)), the State initiated civil forfeiture proceedings in the circuit court of Macon County against several parcels of real estate. Claimants, Moises and Ramona De Luna, answered. At the close of a hearing, the circuit court entered an order of forfeiture. A divided appellate court affirmed the order of the circuit court. No. 4-03-0917 (unpublished order under Supreme Court Rule 23). We allowed claimants' petition for leave to appeal (177 Ill.2d R. 315(a)), and now affirm the judgment of the appellate court.
In January 2003, the State filed a complaint for forfeiture of a single family residence at 1945 North 31st Street in Decatur, and two vacant and unimproved lots, known as lots 214 and 215 in Meadowlark Fourth Addition, Macon County. Claimants are the owners of record of the property. However, the State alleged that this real estate was actually owned by claimants' son, Miguel Luna, and was related to felony drug offenses that he committed. According to the complaint, Miguel provided $40,000 cash as a down payment on the property at 1945 North 31st Street and was the true owner of the premises. This property was placed in the name of claimants "in an attempt to hide the identity of the true owner in the event that Miguel Luna would be caught dealing drugs." Further, according to the complaint: "Nearly all of Miguel Luna's property [was] held in the name of [claimants] for the same reason." The State alleged, therefore, that the real estate was subject to forfeiture under the Cannabis Control Act (720 ILCS 550/12(a) (West 2002)) or the Illinois Controlled Substances Act (720 ILCS 570/505(a) (West 2002)).
Claimants filed a claim to the real estate, and each filed an answer responding to the State's allegations. Claimants each stated that the funds for their real estate came from a sale of property in Mexico and from loans from several individuals. Ramona additionally claimed that the 1945 North 31st Street residence was the homestead of her and Moises and that they held title as tenants by the entirety.
The circuit court held a hearing on the complaint for forfeiture. Both sides presented testimony, which the court heard for four days interspersed between March and June 2003. The court did not make any findings prior to hearing all of the evidence.
At the hearing, Decatur police Detective David Dailey testified that the Decatur police department began an investigation into the suspected drug dealing of a man subsequently identified as Miguel Luna. Dailey coordinated the investigation and oversaw a surveillance team consisting of officers and detectives from the Decatur police department.
Detective Dailey's unit conducted surveillance on Miguel from March to November 2002. The surveillance team followed Miguel, observed his activities, checked the license plates of his vehicles, and established an observation post near his residence. Pursuant to this investigation, the team discovered that Miguel was using the name Jose T. Cervantes and living in a mobile home at 2299 North 37th Street in Decatur. A 1996 Nissan Altima was registered to a Jose T. Cervantes of that same address. During the investigation, the surveillance team also observed Miguel operate a 1995 Chevrolet Lumina, which was registered to a Jose T. Cervantes. The address listed in this registration was that of a mobile home next door to where Miguel resided. The surveillance team also observed Miguel operate a Chevrolet pickup truck registered to a Tina and Felipe Herrera. In late October or early November 2002, Miguel moved into the house in question in this case, at 1945 North 31st Street. The surveillance team did not learn of Miguel's true identity until he was arrested on November 20, 2002.
Claimant Moises was first observed by the surveillance team on November 19, 2002. On that day, at approximately 7 p.m., Moises arrived at the 1945 North 31st Street home, driving the Nissan Altima. He backed into the driveway, where the Chevrolet Lumina was already parked, such that the trunks of the Altima and the Lumina were back-to-back. Moises subsequently removed items from the trunk of the Lumina and placed them in the trunk of the Altima. When a member of the surveillance team drove past the house, Moises quickly closed the trunk of the Altima. Police then followed Moises as he drove the Altima to the mobile home at 2299 North 37th Street. There, Moises removed from the trunk two white plastic bags from the trunk of the car and carried them into the mobile home.
On November 20, 2002, at approximately 2 p.m., Miguel left the 1945 North 31st Street home and drove the Lumina to the mobile home at 2299 North 37th Street. Dailey testified that surveillance team members saw Miguel "messing around" with items inside a small storage shed located directly outside the front door of the trailer. Miguel then entered the mobile home. A short time later, he exited the mobile home carrying two white plastic bags that were consistent in appearance with the white plastic bags that Moises had carried into the mobile home the previous night. Miguel placed the bags in the passenger compartment of the Lumina.
After following Miguel for a while, the surveillance team conducted a traffic stop of Miguel's vehicle. He presented an Illinois driver's license in the name of Jose T. Cervantes with the address of 2295 North 37th Street. A search of the vehicle recovered a digital scale and approximately 54 pounds of cannabis in the compartment area and the trunk. Some of the cannabis was contained in a white plastic bag similar to the bags Moises and Miguel had carried, and the remainder was contained in a duffel bag. Police arrested Miguel and placed him in the backseat of a squad car to be transported to jail. After his arrival at the station, police searched the backseat of that squad car and discovered 7.7 grams of cocaine in the backseat.
During the arrest, officers asked Miguel where he resided. He initially responded that he resided in the mobile home located at 2299 North 37th Street. However, upon further questioning, he stated that he was Miguel Luna, that he lived at the 1945 North 31st Street home, and that he was the son of Moises Luna. Miguel had keys to both residences. Miguel admitted involvement in drug dealing.
Dailey further testified that, on the date of Miguel's arrest, police searched the 1945 North 31st Street house. They seized 2,400 grams of cocaine, packaging materials consistent with drug distribution, a handgun and ammunition, and various documents relating to Miguel. The above-mentioned Chevrolet pickup truck was in the garage of the residence. Miguel acknowledged that the truck belonged to him. Moreover, Tina Herrera, whose name was listed on the registration papers, told Dailey that the truck actually belonged to Miguel. She further revealed that: Miguel was having difficulty obtaining credit to buy a vehicle, Miguel chose the truck and gave her $5,000 cash to use as a down payment to purchase it, and Miguel gave her money to pay the $1,000 monthly payments on the truck.
On that same day, police also searched the mobile home located at 2299 North 37th Street. Dailey stated that prior to the commencement of the search, Moises arrived at the trailer driving the Nissan Altima. Dailey asked Moises whether he lived at the mobile home, and Moises responded that he did. Because Moises was not able to understand or speak English fluently, Dailey contacted a Spanish translator. Upon the translator's arrival, Dailey asked for Moises' consent to search the mobile home. Moises replied that he would allow the officers to search, but he was not responsible for anything in the trailer. Dailey responded that he could not provide any guarantees regarding responsibility for items found in the trailer. Moises consented to the search and completed the prescribed form. Inside the trailer, in the rear bedroom closet, police recovered approximately 180 grams of cannabis, a scale, and a handgun with ammunition. Included among the numerous documents recovered were titles to the Nissan Altima and the Chevrolet Lumina in the name of Jose T. Cervantes; two resident alien identification cards, both bearing photos of Miguel, but one bearing the name of Miguel Luna and the other bearing the name of Jose T. Cervantes; and two social security cards, one bearing Miguel's name and the other bearing the name of Jose T. Cervantes. Inside the adjacent storage shed, police recovered a duffel bag containing packaging materials consistent with drug distribution.
In the ensuing police interview, Moises told police that he had been in Decatur for approximately seven or eight weeks. He was, at that time, employed at a tree farm, earning approximately $8.50 per hour. Moises planned to save money and eventually move his family from California to Decatur. He lived in the 2299 North 37th Street mobile home and was paying Miguel $260 per month in rent, although he was one month behind on the rent. Dailey testified that upon being shown Miguel's driver's license photograph, Moises at first denied that Miguel was his son. Instead, Moises told police that he was...
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