People v. Oliver

• Decision Date: 20 January 2009
• Docket Number: No. 3-04-0427.,3-04-0427.
• Citation: 901 N.E.2d 482
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony P. OLIVER, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

901 N.E.2d 482

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony P. OLIVER, Defendant-Appellant.

No. 3-04-0427.

Appellate Court of Illinois, Third District.

January 20, 2009.

Verlin R. Meinz, Office of State Appellate Defender, Ottawa, IL, for Appellant.

Terry A. Mertel, Deputy Director State's Attorneys Appellate Prosecutor, Terence M. Patton, State's Attorney, Cambridge, Sabrina S. Henry, State's Attorneys Appellate Prosecutor, Ottawa, IL, for Appellee.

Justice McDADE delivered the opinion of the court:

The defendant, Anthony P. Oliver, was charged with unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(B) (West 2002)) and unlawful possession of a controlled substance (720 ILCS 570/402(a)(2)(B) (West 2002)). He filed pretrial motions to suppress his confession and to quash his arrest, which the circuit court denied. After a bench trial, the court found the defendant guilty on both counts, but that the latter count would merge into the former count. The court sentenced the defendant to 10 years of imprisonment on the former count. On appeal, the defendant argued that the arresting officer illegally detained him following a traffic stop, thereby tainting the subsequent search that resulted in the discovery of cocaine in the trunk of the vehicle. The defendant also argued, in the alternative, that he was entitled to $65 credit against his fines for presentence incarceration. In prior decisions, we reversed and remanded. The Illinois Supreme Court has entered a supervisory order directing this court to vacate our judgment and reconsider our decision in light of People v. Cosby, 231 Ill.2d 262, 325 Ill.Dec. 556, 898 N.E.2d 603 (2008). After reconsideration, we reverse and remand.

FACTS

At the suppression hearing, Henry County Deputy Sheriff Glenn Hampton testified that, during the early morning hours of November 14, 2002, he observed a vehicle following another vehicle too closely on Interstate 80. Hampton initiated a traffic stop of the offending vehicle.

Hampton approached the driver's side of the vehicle, where he found the defendant in the driver's seat and Orlando James in the passenger's seat. Hampton asked for the defendant's license; however, the defendant gave Hampton a state identification card. Hampton placed the defendant in the passenger's seat of the squad car while he ran the defendant's card. The dispatcher informed Hampton that the defendant did not have a valid driver's license.

In response to Hampton's inquiry, the defendant stated that he had problems with his license due to an error attributable to the Secretary of State. Hampton did not arrest the defendant; he merely stated that the defendant needed to resolve that situation.

At some point while the defendant was in the squad car, Hampton approached James to make sure he had a valid driver's license. The dispatcher informed Hampton that James was on mandatory supervised release from the Department of Corrections, although Hampton was not told for what James had been incarcerated. After Hampton received the information regarding the defendant, the vehicle, and James, Hampton returned the defendant's card and informed the defendant that he was "free to go" as long as James drove.

At that time, Hampton asked the defendant if there were any weapons or contraband in the vehicle. Hampton testified that he was suspicious of "a very strong smell of an aroma, of some sort of fragrance, real strong," coming from inside the vehicle. Hampton stated that vehicles transporting contraband sometimes use strong fragrances as masking agents.

The defendant answered that there were no weapons or contraband in the vehicle. In response, Hampton asked the defendant if he was certain of that. The defendant said yes, he was certain, but also told Hampton that he could search the vehicle if he wanted. Hampton took the defendant's statement as consent to search the vehicle.

Hampton next approached the passenger's side of the vehicle and asked James to exit the vehicle. Hampton informed James that the defendant consented to a search of the vehicle and asked James for consent to search. James consented. After placing James near the rear of the vehicle and the defendant at the front of the vehicle, Hampton began his search. The only item Hampton found in the vehicle's interior was a liquor bottle containing the same fragrance emanating from the vehicle.

Hampton then asked James for consent to search the trunk. James consented. Hampton also asked the defendant for consent to search the trunk. The defendant also consented. During his search of the trunk, Hampton found a plastic baggie containing cocaine in the wheel well of the vehicle.

The defendant later gave a voluntary written statement to Hampton, stating that he was taking the cocaine to a party, but that he was not intending to sell the cocaine. He also stated that he was "ready to leave the streets" and give up using drugs.

The defendant testified that he was driving a vehicle west on Interstate 80 on the morning in question. James was in the passenger's seat. The vehicle belonged to James' wife. The defendant stated that he was in the left lane, passing a truck that was in the right lane. Hampton's squad car was turning around in a u-turn area on the interstate. The defendant passed Hampton, and Hampton began following the defendant. Hampton then pulled the defendant over.

Hampton approached the driver's side and asked the defendant for his license. The defendant responded that he only had a state identification card because someone in Connecticut had been using his name. Hampton then placed the defendant in the squad car.

Hampton ran the defendant's card, which came back as suspended. Hampton exited the squad car and approached James, who gave Hampton his information verbally because he did not have his license on him. Hampton returned to the squad car and ran James's license. The dispatcher told Hampton that James was on parole. Hampton then returned the defendant's card and told him that he was free to go. The defendant admitted that he felt free to go at that point.

Hampton next informed the defendant that he was going to search the vehicle, and that, if there was nothing in the vehicle, James would have to drive. Hampton then asked the defendant if there were guns or drugs in the vehicle. The defendant said Hampton never asked him whether Hampton could search the vehicle. The defendant stated that his door was locked and that he no longer felt free to leave after Hampton said he was going to search the vehicle.

Hampton exited the squad car and approached James, whom he had exit the vehicle. Hampton returned and had the defendant exit the squad car. Hampton placed the defendant at the front of the vehicle and James at the rear. Hampton then began to search the vehicle.

After Hampton searched the interior, he opened the trunk and began to search it. The defendant stated that Hampton did not ask him for consent to search the trunk and that he did not hear Hampton ask James for consent to search the trunk.

During his search of the trunk, Hampton rose up with his gun drawn and told the defendant to "freeze" and to put his hands on his head. Hampton then made the defendant walk around to the back of the vehicle, where he cuffed the defendant and James.

The defendant stated that his written statement was untrue. He stated that Hampton told the defendant what to write because the defendant had to "impress the State" in order to get the intent charge dropped. Additionally, the defendant stated that Hampton encouraged him to talk to James regarding the incident to ensure they had the same version of what happened. On recall, Hampton denied telling the defendant what to write and denied encouraging the defendant to talk to James regarding the incident.

Orlando James testified that, on the morning in question, he was the passenger in his wife's vehicle. The defendant was driving. Hampton pulled them over and approached the driver's side of the vehicle. The defendant rolled the window down, and Hampton said he pulled the defendant over for following another vehicle too closely.

The defendant gave Hampton a state identification card, and Hampton took the defendant back to the squad car while he ran the defendant's card. About 10 minutes later, Hampton approached James. He asked for James' license. James said that he had a license, but that he did not have it on him. James then gave Hampton his personal information, and Hampton returned to the squad car.

Hampton returned about 10 minutes later with the defendant walking slightly behind him. Hampton asked James to exit the vehicle and told the defendant to go to the front of the vehicle. Hampton then asked James if he had any contraband on him, to which James said no. Hampton asked for and received James's consent to search James' person. Hampton then placed James at the rear of the vehicle.

Hampton then began searching the vehicle's interior. James stated that Hampton never asked if he could search the vehicle and that he never heard Hampton ask the defendant if he could search the vehicle. After searching the interior, Hampton began searching the trunk. He opened the trunk with the key. Again, James stated that Hampton did not ask for consent to search the trunk and that he did not hear Hampton ask the defendant for consent to search the trunk.

With regard to the alleged events surrounding the defendant's written statement, James stated that Hampton told him that Hampton knew the State's Attorney personally and that Hampton was going to try to help them out by getting the intent charge dropped. James also stated that Hampton told him that he needed to "follow up" with the defendant's version of what happened in order to convince the State's Attorney to drop the intent charge, and that Hampton actually told him several parts of the defendant's version. James stated that Hampton...