People v. Taylor

• Decision Date: 06 February 2009
• Docket Number: No. 2-06-0798.,2-06-0798.
• Citation: 902 N.E.2d 751
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jessie J. TAYLOR, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

902 N.E.2d 751

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jessie J. TAYLOR, Defendant-Appellant.

No. 2-06-0798.

Appellate Court of Illinois, Second District.

February 6, 2009.

Thomas A. Lilien, Deputy Defender, Office of State Appellate Defender, R. Christopher White, Office of State Appellate Defender, Elgin, IL, for Appellant.

John A. Barsanti, Kane County State's Atty., St. Charles, IL, Lawrence M. Bauer, Deputy Director, State's Attorney Appellate Prosecutor, Mary Beth Burns, State's Attorney Appellate Prosecutor, Elgin, IL, for Appellee.

Justice BURKE delivered the opinion of the court:

A police officer stopped defendant, Jessie J. Taylor, for violating two traffic offenses: operating his bicycle without a headlamp and riding it on the sidewalk. Defendant could not post a $75 bond and did not have a valid driver's license, and the officer took him into custody at the scene. After defendant was placed in custody, the officer searched defendant incident to the arrest and found a crack pipe. A later search at the police station revealed a bag of cocaine in defendant's sock. Defendant filed a motion to quash his arrest and suppress evidence, which was denied. Following a jury trial, defendant was convicted of unlawful of possession of less than 15 grams of cocaine (720 ILCS 570/402(c) (West 2004)) and unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 2004)). Defendant was sentenced to a 2-year prison term for the unlawful possession conviction and a 180-day jail term for the drug paraphernalia conviction. On appeal, defendant argues that the trial court erred in denying his motion to quash his arrest and suppress evidence. He first contends that the evidence recovered by the police was procured in violation of the fourth amendment to the United States Constitution (U.S. Const., amend.IV) and article I, section 6, of the Illinois Constitution (Ill. Const.1970, art. I, § 6). Specifically, defendant contends that, although the police may have had reasonable suspicion to stop him for the alleged traffic ordinance violations, the police had no authority to arrest and search him, because they lacked probable cause that he committed an offense more substantial than the alleged petty offenses. Also, defendant contends that he should not have been placed under arrest and searched until the police actually issued a citation for the alleged offenses, as required by Supreme Court Rules 526(a) and 552 (210 Ill.2d Rs. 526(a), 552). We affirm the trial court.

FACTS

On January 12, 2006, defendant filed a motion to quash his arrest and suppress evidence. In his motion, defendant argued that he was arrested by the Aurora police department on September 10, 2005, for riding on the sidewalk a bicycle with no headlamp. Defendant argued that, at the time the police stopped him, he was not riding his bicycle, but instead was pushing the bicycle. Defendant argued that, after he was unable to post bond on the alleged bicycle violations, he was taken into custody and searched incident to the arrest. As a result of this search, the police recovered a metal pipe and a plastic bag containing cocaine. Defendant argued that the evidence was obtained in violation of the fourth amendment, as the arresting officer did not have an arrest warrant or observe defendant commit any offenses. Defendant further argued that the arresting officer lacked a reasonable belief that defendant was committing, was about to commit, or had committed an offense. Defendant requested the trial court to quash his arrest and to suppress the physical evidence obtained during the search.

On February 15, 2006, the trial court conducted an evidentiary hearing on defendant's motion. At the hearing, defendant testified that, on September 10, 2005, at approximately 2:30 a.m., he was walking his bicycle on the sidewalk near the corner of Loucks Street and Grand Avenue in Aurora. Defendant's bicycle was not equipped with a headlamp. Defendant was walking toward his aunt's house and he was speaking to Joseph Gray. Defendant then saw a police vehicle approach, and the vehicle's spotlight focused on Gray. A police officer first asked to search Gray and then asked to search defendant's backpack. Defendant testified that he consented to the search because he did not believe that he could refuse.

Defendant further testified that, upon finding a compact disc player, some compact discs, some clothes, and a few tools in his backpack, the officer requested permission to search his person. Defendant testified that he again consented because he thought that he had no choice. During the search, the officer recovered a metal tire gauge from defendant's pocket. Defendant testified that, at this time, the officer arrested him and placed him in handcuffs. Defendant testified that he never received a traffic citation. Defendant testified that, at the time of his arrest, the officer never mentioned defendant's bicycle or headlamp. Instead, the officer mentioned a pipe that he found in defendant's pocket. The officer then asked him whether he could post bond for the drug paraphernalia offense, and defendant stated that he had no money.

Following his arrest, defendant was transported to the police station. Defendant testified that he was searched at the station prior to booking and that the police recovered a plastic bag from his sock.

Aurora police officer Thompson testified that, on September 10, 2005, at 2:20 a.m., he was on patrol when he observed defendant slowly riding a bicycle on a sidewalk, with a man who was walking beside him. The area was well lit. Thompson approached defendant and, when he was approximately 50 feet away, defendant got off his bicycle. Thompson asked defendant what he was doing in the area, given the drug activity and crimes associated with the neighborhood. Thompson told defendant that he had violated two municipal traffic ordinances: riding his bicycle on the sidewalk and operating his bicycle without a headlamp. Thompson asked defendant whether he could post a driver's license or $75 bond on the violations, and defendant replied that he could not. Thompson testified that, because defendant could not post bond, he arrested him.

After arresting him, Thompson searched defendant. Thompson testified that he considered the search to be incident to defendant's arrest, and he did not ask for defendant's consent. During the search, Thompson recovered from defendant's pants pocket a metal smoking pipe "common with crack cocaine usage." Thompson then transported defendant to the police station. There, he was booked by Officer Dean Pederson, who located in defendant's sock a bag containing a powdery substance.

On cross-examination, Thompson testified that operating a bicycle on a sidewalk and without a headlamp were considered petty offenses. Thompson testified that he never presented defendant with citations for these offenses because he had not completed the paperwork at the time defendant was transported to the police station. After defendant was found in possession of cocaine and drug paraphernalia, Thompson did not pursue the bicycle offenses, and no citations for those offenses were ever issued. Thompson testified that he searched defendant to "locate any drugs, contraband, weapons on the person being arrested for safety." Thompson further testified that it was his practice to arrest those persons who could not post bond, even in cases of petty offenses.

Pederson testified that he was responsible for booking prisoners on the date of defendant's arrest. While searching defendant upon his arrival at the police station, Pederson asked defendant to remove his socks. When defendant removed his right sock, a bag fell to the floor. The substance contained in the bag tested positive for the presence of cocaine.

During argument on the motion, defense counsel argued, inter alia, that, even if Thompson had a lawful basis to initially stop defendant, the subsequent custodial arrest and search violated the fourth amendment. Counsel argued that defendant could not have been validly arrested on the bicycle offenses, as Thompson failed to issue defendant any traffic citations on those offenses. Counsel argued, "he was arrested for no headlamp and riding the bike, but he did not get any citations or complaint, and we don't have companion cases of traffic violations. So if he was arrested for that reason, a valid reason, then why * * * don't [you] have [any] traffic citations[?]"

Following argument, the trial court denied defendant's motion to quash his arrest and suppress evidence. The trial court found Thompson's testimony credible and concluded that he had a proper basis to stop defendant. The trial court further found that Thompson had the right to arrest and search defendant after he could not post bond on the bicycle offenses. The trial court stated that "the law is clear that the [officer] doesn't have to write the underlying ticket" and that his failure to do so did not affect the reasonableness of the search.

The case proceeded to a jury trial, and defendant was convicted of unlawful possession of less than 15 grams of cocaine and unlawful possession of drug paraphernalia. The trial court sentenced defendant to 2 years' imprisonment on the controlled substance conviction and a 180-day jail term on the drug paraphernalia charge. This timely appeal followed.

ANALYSIS

Defendant's sole contention on appeal is that the trial court erred in denying his motion to quash his arrest and suppress evidence. In support of his contention, defendant argues that the cocaine and drug paraphernalia recovered by the police were obtained in violation of the fourth amendment to the United States Constitution (U.S. Const., amend. IV) and article I, section 6, of the Illinois Constitution (Ill. Const.1970, art. I, § 6). Although defendant acknowledges that the police may have had reasonable suspicion to stop him because of his purported...