People v. Bianca
2017 IL App (2d) 160608
| Ill. App. Ct. | 2017Background
- On June 26, 2014, Officer Gary LaBarbera received an anonymous tip of a black SUV driven "recklessly" and saw a matching vehicle parked behind a liquor store; he then observed Kathleen Bianca leave the store and enter that vehicle.
- LaBarbera parked a marked squad car next to Bianca’s vehicle and asked her to "stay" while he finished another traffic stop; Bianca remained and later provided her license and insurance when the officer returned.
- LaBarbera directed Bianca to exit the car and perform field sobriety tests; he then arrested her for DUI and obtained a breath test at the station.
- Bianca moved to suppress evidence, arguing she was unlawfully seized; the trial court granted the motion, concluding a seizure occurred when the officer told her not to leave and that the anonymous tip lacked sufficient reliability for reasonable suspicion.
- The State appealed, arguing the initial encounter was consensual and that the trial court erred in suppressing the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether initial request to "stay" was a seizure | Encounter was consensual; officer merely requested she wait | Officer’s uniformed presence and instruction rendered her not free to leave | Court: initial request was consensual (no seizure) |
| Whether directing Bianca to exit and perform field sobriety tests was a seizure | State did not contest on appeal that this was a seizure; argued absence of Mendenhall factors | Bianca argued her compliance was nonconsensual and thus a seizure | Court: directing her out and conducting tests was a seizure |
| Whether officers had reasonable, articulable suspicion to detain Bianca for DUI | State did not argue reasonable suspicion on appeal or at suppression hearing | Bianca argued anonymous tip was unreliable and insufficient for reasonable suspicion | Court: no reasonable, articulable suspicion; anonymous tip alone insufficient; suppression affirmed |
| Whether suppression ruling should be reversed on any alternative record basis | State forfeited opportunity to present evidence of suspicion at hearing and did not argue on appeal | Bianca maintained suppression appropriate for both encounters | Court: affirmed suppression; review de novo supports conclusion suppression proper |
Key Cases Cited
- Gherna v. People, 203 Ill. 2d 165 (explains standard of review for suppression rulings)
- Luedemann v. People, 222 Ill. 2d 530 (Mendenhall factors are not exhaustive)
- Deleon v. People, 227 Ill. 2d 322 (when trial-fact finding is manifestly against the evidence)
- McDonough v. People, 239 Ill. 2d 260 (three tiers of police-citizen encounters)
- Village of Mundelein v. Minx, 352 Ill. App. 3d 216 (anonymous tip held insufficient for reasonable suspicion)
- United States v. Mendenhall, 446 U.S. 544 (test for seizure: would a reasonable person feel free to leave)
- People v. Walter, 374 Ill. App. 3d 763 (consent vs. submission to officer request in detention context)
- Village of Lincolnshire v. Kelly, 389 Ill. App. 3d 881 (submission to field sobriety testing can constitute a seizure)
- People v. Matous, 381 Ill. App. 3d 918 (Terry stop requires reasonable, articulable suspicion)
- People v. Keys, 375 Ill. App. 3d 459 (appellate court may affirm suppression on any record basis)