People v. Easley

• Decision Date: 30 May 1997
• Docket Number: Nos. 3-96-0364,3-96-0365,s. 3-96-0364
• Citation: 223 Ill.Dec. 826,288 Ill.App.3d 487,680 N.E.2d 776
• Parties: , 223 Ill.Dec. 826 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Roger L. EASLEY and Brian J. Terrill, Defendants-Appellants. . Third District
• Court: United States Appellate Court of Illinois

Page 776

680 N.E.2d 776

288 Ill.App.3d 487, 223 Ill.Dec. 826

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Roger L. EASLEY and Brian J. Terrill, Defendants-Appellants.

Nos. 3-96-0364, 3-96-0365.

Appellate Court of Illinois Third District.

May 30, 1997.

[288 Ill.App.3d 489] [223 Ill.Dec. 828] Roger L. Easley, Breckenridge, for Roger L. Easley.

Brian J. Terrill, Denver, CO, for Brian J. Terrill.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Ted J. Hamer, Henry County State's Attorney, Cambridge, Rita Kennedy Mertel, States' Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice McCUSKEY delivered the opinion of the court:

The defendants, Roger L. Easley and Brian J. Terrill, were convicted of unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 1994)) and unlawful possession of cannabis (720 ILCS 550/4(c) (West 1994)). Easley was fined $1,250, and Terrill's fine was $1,750. On appeal, the defendants challenge the stop and search of their vehicle, the conduct of the trial and the sufficiency of the evidence. After carefully reviewing the record, we affirm.

FACTS

On May 12, 1995, Officer Shane Oleson of the Geneseo police department (the officer) saw a white 1985 Toyota vehicle with no rear registration light make an unsignaled right turn. The car pulled into a parking lot, and the officer stopped his squad car behind it. When the officer approached the car, he found the defendants inside. The officer then asked the driver, Terrill, for his driver's license. When Terrill opened his wallet, the officer saw a business card decorated with a picture of a marijuana leaf inside the wallet. Terrill immediately tried to hide the card from the officer's view. The officer observed that Terrill appeared nervous and was perspiring, and the vehicle's ashtray was open.

The officer returned to his squad car to run Terrill's license through the computer. Because the officer saw the picture of the marijuana leaf, he ran a check of Terrill's criminal history. During this time, the defendants remained in the car. The officer's investigation revealed that Terrill's license was valid, and he had a prior conviction for a drug offense. When the officer returned to the defendants' car, he noted that the ashtray was closed. The officer gave Terrill a verbal warning concerning the rear registration light and the need to signal his turns.

At this time, a conversation took place during which the defendants asked how much farther they would have to drive to reach Chicago. When the officer asked why they were going to Chicago, the defendants said they were going to a festival to advocate the legalization of hemp. The officer told the defendants that he was concerned, based upon seeing the marijuana leaf picture and Terrill's previous criminal history, that there might be illegal drugs in the vehicle. The defendants denied carrying any illegal substances. As a result of their response, the officer asked if he could search the car. The defendants refused to give permission for the officer to search the vehicle.

The officer informed the defendants that they were free to go. However, he told them that he would detain the vehicle to give a canine unit the chance to walk around the car to determine if drugs were present. Approximately two minutes elapsed before the canine unit arrived. The dog proceeded to alert when he reached the trunk area of the car. The officer then searched the trunk of the vehicle and found a large box of glass pipes ordinarily used to smoke marijuana, another box of glass pipes with brass screens also used to smoke marijuana, several products made from hemp, including cookie dough mix, pancake mix, lip balm and sunblock, and various items promoting the legalization of hemp, including bumper stickers.

Based upon the possession of these items, the officer arrested the defendants on a charge of unlawful possession of drug paraphernalia. Following the arrest, the officer searched the interior of the defendants' car and found 12 1/2 grams of marijuana located inside a camcorder case on the front seat. Consequently, the defendants were charged with unlawful possession of cannabis.

Prior to trial, the State waived the prospect of any incarceration for the defendants if they were found guilty of the various offenses. Based upon this waiver, the trial court denied the defendants' request for appointment of the public defender. The defendants filed numerous motions attacking the jurisdiction of the court and the propriety of the officer's stop and search of the vehicle. All of the defendants' motions were denied.

At trial, Officer Oleson testified about his observations of the defendants on May 12, 1995, as well as their arrest and his search of the vehicle. Two other officers of the Geneseo police department testified on behalf of the State. Their testimony corroborated Officer Oleson's testimony.

Following the presentation of the evidence, the defendants tendered to the court several non-pattern IPI jury instructions. The judge refused to give the jury these instructions.

After deliberating, the jury found the defendants guilty as charged. This timely appeal followed.

ISSUES AND ANALYSIS

I. Stop and Search

The defendants first challenge the propriety of the stop and search of their vehicle. Where, as here, there is no real question regarding the facts, we conduct a de novo review of the trial court's determination of reasonable suspicion to stop a vehicle and probable cause to conduct a search. Ornelas v. United States, 517 U.S. 690, ---- - ---- 116 S.Ct. 1657, 1662-64, 134 L.Ed.2d 911, 920-21 (1996); see also People v. Kidd, 175 Ill.2d 1, 25-26, 221 Ill.Dec. 486, 498, 675 N.E.2d 910, 922 (1996). Following our de novo review, we conclude that the trial court correctly found that the stop and search were proper.

Generally, a traffic violation provides a sufficient basis for a traffic stop. People v. Hood, 265 Ill.App.3d 232, 241, 202 Ill.Dec. 618, 625, 638 N.E.2d 264, 271 (1994). Accordingly, a police officer may properly stop a motor vehicle when the driver turns without signaling. People v. Shepherd, 242 Ill.App.3d 24, 29, 182 Ill.Dec. 739, 742, 610 N.E.2d 163, 166 (1993). Officer Oleson's testimony that Terrill failed to signal his turn was not contradicted at trial. Thus, the defendants were properly stopped for turning without signaling.

When a police officer stops a vehicle for a minor traffic violation, the officer may briefly detain the driver to request a valid driver's license. People v. Koutsakis, 272 Ill.App.3d 159, 163, 208 Ill.Dec. 549, 552, 649 N.E.2d 605, 608 (1995). Also, in some situations, the police officer may conduct a speedy warrant check. Koutsakis, 272 Ill.App.3d at 163, 208 Ill.Dec. at 552, 649 N.E.2d at 608. If no further suspicion is aroused in the officer following these initial inquiries, the traffic stop may go no further and the individuals involved should no longer be detained. Koutsakis, 272 Ill.App.3d at 163, 208 Ill.Dec. at 552, 649 N.E.2d at 608; see also People v. Sinclair, 281 Ill.App.3d 131, 138, 217 Ill.Dec. 283, 288, 666 N.E.2d 1221, 1226 (1996).

However, where the officer's suspicion is aroused during these initial inquiries, further detention may be warranted. United States v. Finke, 85 F.3d 1275, 1280 (7th Cir.1996); People v. Smith, 208 Ill.App.3d 44, 50, 153 Ill.Dec. 89, 93, 566 N.E.2d 939, 943 (1991). In deciding whether reasonable suspicion exists to justify the detention, we must consider the totality of the circumstances or the "whole picture" in each case. People v. Anaya, 279 Ill.App.3d 940, 945-46, 216 Ill.Dec. 465, 469, 665 N.E.2d 525, 529 (1996), citing United States v. Sokolow, 490 U.S. 1, 8, 109 S.Ct. 1581, 1585, 104 L.Ed.2d 1, 10 (1989). Even where there may be an innocent explanation for each individual factor considered separately, the factors viewed in combination may constitute enough reasonable suspicion to warrant further detention. Finke, 85 F.3d at 1280.

Here, in this case, Officer Oleson asked Terrill for his driver's license and observed a card decorated with a marijuana leaf in Terrill's wallet. Also, Terrill appeared nervous and was perspiring. Based upon these facts, Officer Oleson was justified in running a check of Terrill's criminal history. See Finke, 85 F.3d at 1280 (because of suspicious behavior and circumstances, officers justified in performing criminal history check).

Officer Oleson then discovered that Terrill had a prior conviction of a drug offense. When the officer returned to the vehicle he observed that the ashtray, which had been open, was now closed. Further, the defendants told the officer that they were traveling to a festival to advocate the legalization of hemp. Based upon all of these facts, considered in combination, we conclude that the officer was justified in detaining the defendants for an additional two minutes until the canine unit arrived. See Finke, 85 F.3d at 1282 (considering the suspicious circumstances and the fact that the passenger had two previous drug convictions, officers had sufficient reasonable suspicion to hold the defendants four minutes until the dog arrived). We additionally note there is nothing in the record to show that the defendants objected to this short, two-minute detention or that the officer used any kind of coercion to compel the defendants to stay.

After the dog alerted, Officer Oleson had probable cause to search the vehicle. See Finke, 85 F.3d at 1282 (when dog alerted, reasonable suspicion blossomed into probable cause to search); United States v. Bloomfield, 40 F.3d 910, 919 (8th Cir.1994) (dog's identification provides probable cause that drugs are present); Koutsakis, 272 Ill.App.3d at 163, 208 Ill.Dec. at 552, 649 N.E.2d at 608 (an alert by a trained dog may constitute probable cause for a search). Moreover, finding items of drug paraphernalia provides the police with sufficient...