People v. Taggart

• Decision Date: 03 September 1992
• Docket Number: No. 2-89-0392,2-89-0392
• Citation: 174 Ill.Dec. 717,599 N.E.2d 501,233 Ill.App.3d 530
• Parties: , 174 Ill.Dec. 717 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Arthur J. TAGGART, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 501

599 N.E.2d 501

233 Ill.App.3d 530, 174 Ill.Dec. 717

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Arthur J. TAGGART, Defendant-Appellant.

No. 2-89-0392.

Appellate Court of Illinois Second District.

Sept. 3, 1992.

Rehearing Denied Oct. 7, 1992.

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, Elgin, for Arthur Taggart.

James E. Ryan, Du Page County State's Atty., Wheaton, William L. Browers, Deputy Director, Marshall M. Stevens (argued), State's Atty. Appellate Prosecutor, Elgin, for the People.

Justice DOYLE delivered the opinion of the court:

Defendant, Arthur J. Taggart, was indicted in the circuit court of Du Page County on five counts of aggravated criminal sexual assault (Ill.Rev.Stat.1985, ch. 38, par. 12-14) and one count of child pornography (Ill.Rev.Stat.1985, ch. 38, par. 11-20.1(a)(2)). Following a severance of the child pornography charge, defendant was tried by a jury and found guilty of all five aggravated criminal sexual assault counts. He was sentenced to 30 years in prison on the first four counts and received a consecutive sentence of 15 years on the fifth count.

On appeal, defendant raises the following issues: (1) whether the police had a sufficient basis to make the initial stop of his vehicle; (2) whether the police had a lawful basis to detain him to investigate possible sexual misconduct; (3) whether defendant's consent to search his van was the product of an unlawful detention when the police placed him in an interrogation room at the police station and questioned him; (4) whether his consent to search his van was involuntary because of the coercive atmosphere at the police station and the connection to the prior unlawful search of his van; (5) whether there was a nexus between the items seized from his van pursuant to the consent search and criminal conduct sufficient to support the seizure; (6) whether the trial court erred in permitting the prosecution to introduce in rebuttal two books which had been suppressed as having been illegally seized; (7) whether the trial court erred in prohibiting standby counsel from prompting defendant to make objections; (8) whether defendant was denied his right to counsel when his appointed counsel, because of unidentified ethical concerns, refused to conduct a direct examination of defendant beyond asking his name and having him narrate; and (9) whether the trial court abused its discretion in determining the sentence.

The following facts are relevant to our disposition of the various issues raised on appeal. Officer Robert Nicholas of the Elmhurst police department testified at a suppression hearing that on February 6, 1987, he was on patrol in a marked squad car. At about 12:19 a.m. he received a radio dispatch of a suspicious, dark colored van in the northwest corner of a parking lot located at the North Avenue and Route 83 Plaza. As he entered the parking lot, he observed a dark colored van matching the dispatched description sitting in the lot with no lights on. As he drove north past the van, he saw it start to move toward Route 83. As it moved toward Route 83, the van still had its lights off. Defendant denied on cross-examination that the van moved after the officer entered the lot.

Officer Nicholas drove behind the van and activated his spotlight but no other signal lights. Defendant testified that the mars lights were not activated. Nicholas stopped his squad car about 50 feet behind the van in a well-lighted area of the lot. The driver of the van, identified as defendant, exited the van and approached the squad car as Officer Nicholas approached the van. They met between the vehicles.

According to Officer Nicholas, he asked defendant for identification and explained to defendant that there had been a report of a suspicious automobile in the area and that defendant's van matched the description. Defendant testified that he removed his driver's license from his wallet as he approached Nicholas and handed him the license. Defendant explained to Nicholas that he was in the parking lot for the purpose of teaching another person how to drive. On cross-examination, Nicholas testified that after concluding defendant had a valid driver's license and vehicle registration he continued to question defendant to "make sure everything was kosher."

Officer Nicholas asked defendant to remain near the squad car. Nicholas then approached the van and had a brief conversation with the passenger who was now seated in the driver's seat. He asked the passenger, V.T., if he was learning how to drive, and V.T. said no. Nicholas returned to defendant, and defendant told him that he had been with V.T. earlier in the day and that they had gone to a movie. Defendant was in the area to celebrate V.T.'s birthday and thought he would like to teach V.T. how to drive.

Officer Nicholas then returned to V.T., who was now standing outside the driver's door of the van, and explained to him that defendant had said that he was teaching him how to drive. Nicholas ascertained V.T.'s birthday to be January 17, 1974. V.T. also stated that he and defendant were planning on staying at a friend's house in Addison although he could not give Nicholas a location or name.

Nicholas once again returned to defendant, who was still standing outside the squad car, and defendant explained that he and V.T. were going to sleep in the van at V.T.'s house that evening. According to Officer Nicholas, defendant was nervous, breathed rapidly, trembled slightly and had great difficulty removing his driver's license from his wallet.

After this last conversation, defendant indicated to Nicholas he was cold, and Nicholas asked him if he would like to have a seat in his squad car, to which defendant agreed. Defendant entered the rear of the squad car, and Nicholas turned the heat up. Defendant never requested to leave the squad car thereafter.

Another officer arrived during this time, and V.T. was placed in that officer's squad car. Nicholas then requested the police dispatcher to contact V.T.'s parents to see if they knew his whereabouts. Prior to receiving a response to his request, Nicholas looked in the already open driver's door of the van to determine whether V.T. had any clothes to stay overnight. Nicholas wanted to verify what he had been told by V.T. and defendant. He observed no clothing that would have belonged to V.T. He saw, on the center console, an envelope routinely used to hold photographs. The envelope was positioned on top of the console with the partially opened flap facing the passenger door of the van. Nicholas flipped open the cover and found a photograph of a naked male juvenile. Nicholas removed the envelope and photographs contained therein from the van.

After receiving a dispatch concerning a conversation with V.T.'s mother, Nicholas asked defendant if he would mind coming to the police station. During cross-examination, Nicholas stated that the dispatcher told him that V.T.'s parents had given V.T. permission to be with defendant. Nicholas also stated that he questioned this information and was a little skeptical. Nicholas at no time told defendant he was required to go to the police station. At that time, defendant asked Nicholas to secure the van. Nicholas removed the keys from the van and locked all its doors. Nicholas entered his squad car and returned the keys to defendant.

Nicholas then drove to the police station, arriving in about four to five minutes. Defendant did not ask to leave the squad car during the ride but did state that he had a heart problem and asked if it would be possible to obtain his medicine if he had a problem. Nicholas responded that the police would definitely get his medication if he had a problem.

Upon arriving at the police station, defendant was taken to an interview room, and V.T., who had been transported in a separate car, was taken to a separate interview room. Nicholas then contacted Detective Kenneth Carr. Nicholas wanted to discuss with Carr what he had "found on the street" and to explain the pictures found in the van.

Defendant offered a somewhat different version of the facts surrounding the stop. According to defendant, Nicholas said, "why don't we get into the squad car." Nicholas opened the squad car door and motioned defendant in. Once defendant entered the car, Nicholas suggested that he scoot over and then slammed the door behind him. Defendant tried to open the rear passenger door and realized that the rear doors could not be opened from the inside.

According to defendant, a second squad car arrived and both Nicholas and the second officer entered his van and searched it for 35 to 40 minutes. One of the officers seized an envelope containing negatives. The officer held one of the negatives up to a parking lot light. One of the officers came back to the squad car and asked defendant what he was doing with all of the pictures of little naked boys. The officers carried away several items from the van, including sleeves of negatives. They also found a three by five-inch file box kept in the bottom dresser drawer located in the van.

After searching the van, one of the officers told defendant that it was warmer at the station and that they were going to the station. Defendant asked to leave, but the officers did not answer and drove off. Defendant felt he had no choice but to go to the police station and considered himself in custody.

Officer Michael Campise testified that he was also on patrol at about 12:19 a.m. on February 6, 1987. He received a radio dispatch of a suspicious dark green van in the area of a used car lot located at the intersection of North Avenue and Route 83. Upon arriving at the parking lot at that location, Campise observed Officer Nicholas talking to a man outside a green van. At that point, Campise was stopped by the owner of a car lot located about 300 feet from where Nicholas had the van stopped. The owner told Campise...