People v. Sadeq

• Decision Date: 16 November 2018
• Docket Number: 4-16-0106,NOS. 4-16-0105,S. 4-16-0105
• Citation: 434 Ill.Dec. 887,138 N.E.3d 46,2018 IL App (4th) 160105
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Maged N. SADEQ, Defendant-Appellant. The People of the State of Illinois, Plaintiff-Appellee, v. Ibrahim A. Sadeq, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

2018 IL App (4th) 160105
138 N.E.3d 46
434 Ill.Dec. 887

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Maged N. SADEQ, Defendant-Appellant.

The People of the State of Illinois, Plaintiff-Appellee,
v.
Ibrahim A. Sadeq, Defendant-Appellant.

NOS. 4-16-0105
4-16-0106

Appellate Court of Illinois, Fourth District.

FILED November 16, 2018

James E. Chadd, Patricia Mysza, and Karl H. Mundt, of State Appellate Defender’s Office, of Chicago, for appellant.

Lisa Madigan, Attorney General, of Chicago (David L. Franklin, Solicitor General, and Michael M. Glick and Katherine M. Doersch, Assistant Attorneys General, of counsel), for the People.

JUSTICE STEIGMANN delivered the judgment of the court, with opinion.

434 Ill.Dec. 891

¶ 1 In April 2014, the State charged Ibrahim A. Sadeq and his cousin, Maged N. Sadeq (collectively, defendants), with unlawful transportation of unstamped cigarettes ( 35 ILCS 130/9c (West 2014) ) and unlawful possession of unstamped cigarettes ( 35 ILCS 135/30(d) (West 2014) ). In October 2014, defendants filed a motion to suppress the cigarettes and Ibrahim's subsequent statements to the police, claiming the traffic stop and search that produced them was impermissibly prolonged in violation of the fourth amendment.

¶ 2 In December 2014, the trial court conducted a hearing on the motion to suppress at which the Illinois state troopers involved in the stop testified and a video of the stop was played. In February 2015, the court issued a written order denying the motion to suppress. In June 2015, the trial court conducted a stipulated bench trial and found defendants guilty.

¶ 3 Defendants have filed separate appeals. On this court's own motion, we consolidated these appeals.

¶ 4 Defendants appeal, arguing that the trial court erred by denying their motion to suppress because the traffic stop was impermissibly prolonged without reasonable suspicion of criminal activity. Both defendants also argue that the circuit clerk improperly imposed various fines that must be vacated. Last, Maged argues that he was denied his constitutional right to conflict-free counsel because defendants' attorney did not seek separate trials or advance a valid defense for Maged. We disagree with all of these arguments and affirm.

¶ 5 I. BACKGROUND

¶ 6 A. Defendants' Motion To Suppress

¶ 7 1. The Evidence at the Hearing on the Motion To Suppress

¶ 8 In December 2014, the trial court conducted a hearing on defendants' motion

138 N.E.3d 51

434 Ill.Dec. 892

to suppress, at which the three Illinois state troopers involved in the traffic stop testified, as did Maged. In addition, a video of the traffic stop was played for the court. The evidence presented showed the following.

¶ 9 Illinois state trooper Dustin Weiss testified that he had been an Illinois state trooper for 11 years. In addition to his training at the academy, Weiss had taken a three-week training course with the Drug Enforcement Administration (DEA) in drug interdiction. Weiss had also been working with the DEA for 2½ years on narcotics investigations and money-laundering cases. Weiss was certified as an instructor under a federal program known as the Drug Interdiction Assistance Program, which teaches other officers about drug interdiction. Part of this training includes traffic stops, behavior classes, interviewing techniques, and other training to recognize possible drug activities during traffic stops.

¶ 10 Weiss testified that on April 23, 2014, at around 10:45 p.m., he was on patrol on Interstate 55 just south of Springfield. Weiss was stopped on the median near mile marker 91, monitoring northbound traffic, when he observed a Ford Taurus traveling 75 miles per hour in a 70 mile-per-hour zone. Weiss caught up with the Taurus, which maintained a speed of 75 miles per hour, and followed it north.

¶ 11 At mile marker 93, Weiss initiated a traffic stop by turning on his emergency lights. The car came to a stop in the middle of the right lane, which immediately raised Weiss's suspicion. In his experience, the vast majority of stops do not involve the car stopping in a lane of traffic. Weiss testified that people who stop in the middle of a lane do so because they are nervous, and, in his experience, every time a car stopped in a lane of traffic, he discovered something that resulted in an arrest.

¶ 12 Using his police car's external public address (PA) system, Weiss instructed the driver of the Taurus to pull over onto the shoulder. He gave this command twice before the Taurus moved over to the shoulder.

¶ 13 Weiss approached the passenger side window of the Taurus and informed the two occupants that they must pull over onto the shoulder when being stopped by the police. Within seconds, he noticed the driver, Ibrahim Sadeq, and the passenger, Maged Sadeq, were extremely nervous. Their hands shook as they handed over their identification and a copy of a rental agreement for the Taurus. Weiss could tell they had rapid heartbeats by viewing the throbbing of Ibrahim's carotid artery and the "bouncing" stomach of Maged. Weiss further observed that Ibrahim's eyes were twitching and Maged's right leg was bouncing up and down.

¶ 14 Just 15 seconds into the stop, Weiss informed defendants they were going to receive a "quick warning." (We note that the times stated herein are taken from the video of the stop.) After 30 seconds into the stop, Weiss asked defendants where they rented the car. Maged replied, "Avis," and when Weiss again asked where, Maged stated, "the airport." Weiss confirmed through his questioning that they rented the car at an airport in Chicago. He then asked where they were coming from. Defendants stated they were coming from Missouri. Weiss asked where at, and Maged replied, stuttering slightly and speaking with a heavy accent, they had visited one of his "other friends."

¶ 15 Weiss testified defendants answered his simple, initial questions about their travel plans by pausing and stuttering, which led him to believe they were making the answers up on the spot. Weiss further testified he had no difficulty communicating

138 N.E.3d 52

434 Ill.Dec. 893

with or understanding defendants at any point.

¶ 16 While standing at the Taurus, Weiss reviewed the paperwork and informed defendants they were travelling 75 miles per hour in a 70 mile-per-hour zone. He stated he was going to check to make sure everything was valid and that he was not going to write them a ticket. One minute and thirty seconds into the stop, Weiss left the Taurus and returned to his police car. Weiss testified he had everything he needed to issue the written warning at that time and stated it takes him about 10 to 12 minutes to complete a written warning.

¶ 17 Once back in his police car, Weiss confirmed with dispatch that the rented Taurus was "clear." Over the next three minutes, Weiss ran a warrant check on defendants and did not learn of any outstanding warrants.

¶ 18 Four minutes and forty-five seconds into the stop, Weiss directed the driver, Ibrahim, over the police car's PA system to "come here," meaning the police car. Weiss explained that he typically invites every driver to whom he issues a written warning to sit in his police car as he fills out the warning because it is safer than filling it out on the side of the road and because he is a "friendly guy."

¶ 19 Ibrahim exited the Taurus, walked to Weiss's police car, and sat in the front passenger's seat. Weiss again informed Ibrahim that Weiss was just writing a warning, not a ticket, and he began to fill out the written warning form. Weiss then asked where defendants were coming from. Ibrahim told him Missouri. Weiss sought a more specific location, but Ibrahim said he could not remember because he was just with Maged and they were visiting "his friend's father." Weiss asked if they were brothers, and Ibrahim informed him they were cousins.

¶ 20 Weiss asked what time defendants got to Missouri and asked if they went to St. Louis. Ibrahim said they had not gone to St. Louis, they went to Missouri. Ibrahim apologized that his English was not very good. Weiss again asked what time they got there. After considering the question for a moment, Ibrahim replied "maybe five." Weiss asked if they just stayed there for about three hours. Ibrahim responded it was five hours, or maybe three or four hours.

¶ 21 Weiss then asked what the purpose of defendants' trip was. Ibrahim stated they "had some business with his father." Weiss asked what kind of business, and Ibrahim told him it was a gas station and grocery store. Weiss inquired whether they went to a house, and Ibrahim said they just went to the gas station.

¶ 22 Seven minutes and forty-five seconds into the stop, Weiss radioed for backup. The two continued to talk intermittently. Ibrahim informed Weiss he was from another country and was a student here.

¶ 23 Nine minutes into the stop, Weiss turned on the internal camera of his police car. Ibrahim was sitting with his right hand on the back of his neck, occasionally scratching it, as Weiss filled out the warning ticket.

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