People v. Coleman

• Court: Illinois Supreme Court
• Writing for the Court: Fitzgerald
• Citation: People v. Coleman, 882 N.E.2d 1025, 227 Ill.2d 426, 317 Ill.Dec. 869 (Ill. 2008)
• Decision Date: 07 February 2008
• Docket Number: No. 104386.,104386.
• Parties: The PEOPLE of the State of Illinois, Appellee, v. Randall COLEMAN, Appellant.

882 N.E.2d 1025

227 Ill.2d 426

The PEOPLE of the State of Illinois, Appellee, v. Randall COLEMAN, Appellant.

No. 104386.

Supreme Court of Illinois.

February 7, 2008.

Jeffrey M. Brown, Office of the State Appellate Defender, Chicago, for appellant.

Lisa Madigan, Attorney General, Springfield, Joseph E. Birkett, State's Attorney, Wheaton (Michael A. Scodro, Solicitor General, Michael M. Glick, Jay Paul Hoffmann, Assistant Attorneys General, Chicago, of counsel), for the People.

OPINION

Justice FITZGERALD delivered the judgment of the court, with opinion:

Defendant Randall Coleman was arrested during a joint federal/state narcotics investigation. He was charged in the circuit court of Du Page County with two counts of unlawful delivery of a controlled substance, convicted, and sentenced to 22 years' imprisonment. His convictions and sentence were affirmed on appeal. No. 2-05-0482 (unpublished order under Supreme Court Rule 23). The central issue in this case is whether the trial court should have suppressed audio recordings of conversations between the defendant and the State's confidential informant, which were authorized by federal law, but violated the Illinois proscription against eavesdropping. For the reasons that follow, we affirm.

BACKGROUND

In late 2001, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Addison police department, the Wheaton police department, and the Du Page County sheriff's office began a multiple jurisdiction narcotics investigation. During this investigation, the defendant was arrested and indicted on two counts of unlawful delivery of a controlled substance. Count I alleged that on August 7, 2003, the defendant delivered more than 15, but less than 100, grams of cocaine, in violation of section 401(a)(2)(A) of the Illinois Controlled Substances Act (720 ILCS 570/401(a)(2)(A) (West 2000)). Count II alleged that on August 4, 2003, the defendant delivered more than one, but less than 15, grams of cocaine, in violation of section 401(c)(2) of that act (720 ILCS 570/401(c)(2) (West 2000)).

The defendant pleaded not guilty and filed a motion to suppress audio recordings of conversations between himself and the State's confidential informant, Eugene Sanders. The motion alleged that the recordings were obtained in violation of the eavesdropping statute (720 ILCS 5/14-1 et seq. (West 2000)), and should be suppressed under section 108A-9 of the Code of Criminal Procedure of 1963 (725 ILCS 5/108A-9 (West 2000)). The defendant acknowledged that under federal law the recordings were obtained lawfully. He also acknowledged that under Illinois case law recordings made during a joint federal/state investigation are admissible regardless of whether they comply with the eavesdropping statute, unless there is evidence of collusion between federal and state agents to avoid the requirements of that statute. The defendant contended that such collusion existed because state agents had obtained authorization from a state court in July and August 2003 with respect to a different informant in this investigation. The trial court denied the defendant's motion.

At trial, Detective Dan Raysby of the Du Page County sheriff's office narcotics unit testified the investigation that led to the defendant began in 2001 around the "open air drug market" at the Bradford Court apartments in Addison, Illinois, and eventually targeted mid-level drug dealers in other municipalities. In July 2003, Raysby and ATF Agent Tom Murphy met with Sanders, a dealer and a friend of another informant used in this investigation, and Sanders agreed to participate in a controlled purchase of narcotics from his supplier, the defendant. Murphy obtained authorization for Sanders to wear a recording device. When Raysby was asked on cross-examination whether he sometimes chose the federal process because it was "easier to obtain the overhear," he disagreed:

"I wouldn't do it because it's easier. It's because of what our intentions were as in charging. So [if] this was going to be a State case that I know the federal government would not be interested in period, then I wouldn't even bother with the whole federal process. Because as much as it might be as you characterized, easier to get a federal wire, it's a pain. And I'd much assume [sic] come in front of a state judge.

Now, with what I understood was that if you're going to charge someone federally, you believe you're going to charge someone federally, you need to go through the U.S. Attorney's Office and that's what was done."

Raysby testified that on August 4, 2003, he met Sanders at his apartment in Glen Ellyn, Illinois. Sanders spoke with the defendant on the telephone three times; Raysby recorded these conversations. At 4:15 p.m., Raysby searched Sanders, equipped him with a recording device, and gave him $200 to purchase drugs from the defendant. From a fence nearby, Raysby watched as a woman drove a sport utility vehicle into the apartment building's parking lot, where Sanders was waiting. The defendant exited the vehicle and walked to an alley behind the building with Sanders. The defendant soon returned to his vehicle and left the parking lot. Sanders then gave Raysby a plastic bag containing one-quarter of an ounce of crack cocaine. Sanders no longer had the money that Raysby gave him. Raysby testified that he maintained surveillance throughout this entire transaction.

Raysby further testified that on August 7, 2003, he again met Sanders at his apartment. Sanders spoke with the defendant on the telephone four times; Raysby recorded these conversations. At 3:30 p.m., Raysby searched Sanders, equipped him with a recording device, and gave him $600 to purchase drugs from the defendant. Sanders waited in the alley next to the apartment building, and the defendant soon drove into the parking lot. Raysby watched, and videotaped, as the defendant drove into the parking lot, exited his vehicle, walked to the alley where Sanders was waiting, and handed him a plastic bag. The defendant left the parking lot. Sanders then gave Raysby a plastic bag containing three-quarters of an ounce of crack cocaine. Sanders no longer had the money that Raysby gave him. Raysby maintained surveillance throughout this transaction, and he recalled that Murphy was present on August 4 and 7. The videotape was shown to the jury.

Next, Sanders testified. He stated that he had three prior felony convictions: two convictions for possession of a controlled substance and one for possession of a weapon by a felon. At the time of his testimony, he was serving a prison sentence. In July 2003, Sanders agreed to cooperate with Raysby and the ATF in order to avoid investigation of his own activities, but he did not receive any inducements to do so. At that time, Sanders had known the defendant for two years, and had bought and sold drugs with him.

Sanders further testified that on August 4, 2003, he met with Raysby at an apartment building in Glen Ellyn. Sanders made three telephone calls to the defendant, all of which Raysby recorded. Raysby then searched Sanders, equipped him with a recording device, and gave him money. Sanders waited in the parking lot, and when the defendant arrived, he exchanged money for crack cocaine. Sanders gave the drugs to Raysby. On August 7, 2003, Sanders again met with Raysby. Sanders made four telephone calls to the defendant, all of which Raysby recorded. Raysby again searched Sanders, equipped him with a recording device, and gave him money. He waited in the parking lot, and when the defendant arrived, he exchanged the money for crack cocaine. Sanders gave the drugs to Raysby.

Claire Donaghey, a forensic scientist for the Du Page County sheriff's office, testified there were 6.68 grams of cocaine in the bag obtained on August 4 and 19.55 grams of cocaine in the bag obtained on August 7.

William Cooley, a Wheaton police officer, testified that the defendant was arrested on August 20, 2003. Cooley spoke with the defendant in a squad car after his arrest. The defendant surmised that someone had set him up. When Cooley asked the defendant if he worked, the defendant responded that selling drugs is all he knows, and all he is good at. The defendant did not admit that he sold drugs to Sanders on August 4 and 7. The State rested its case. The defendant presented Sanders' "source of information" agreement into evidence and also rested.

The jury found defendant guilty on both counts. The defendant filed a posttrial motion, arguing that the trial court erred in denying his motion to suppress. The court denied the defendant's posttrial motion and sentenced the defendant to 22 years' imprisonment.

The appellate court affirmed, finding "no compelling reason to abandon established case law that allows the admission of evidence obtained in violation of the Illinois eavesdropping statute when it has been obtained, absent collusion, in the course of a joint state and federal investigation and is in compliance with federal law." No. 2-05-0482 (unpublished order under Supreme Court Rule 23). The court noted that for more than 20 years, Illinois courts have upheld the admissibility of such evidence, and the legislature has remained silent on this issue. No. 2-05-0482 (unpublished order under Supreme Court Rule 23). We allowed the defendant's petition for leave to appeal. 210 Ill.2d R. 315(a).

ANALYSIS

The central issue in this case is whether audio recordings of conversations between the defendant and Sanders, which comply with federal law, but violate the state eavesdropping statute, should have been suppressed. The State contends that the defendant has forfeited our review of this issue. According to the State, the defendant's suppression motion argued only that there was collusion between federal and state authorities to circumvent the eavesdropping statute. He never made the argument that he makes before this court — namely, that this court should overturn ...