2020 IL App (1st) 181511-U
Ill. App. Ct.2020Background
- On September 27, 2015, Aaron Brown was arrested and charged with two counts of possession of a controlled substance and one count of aggravated fleeing/attempting to elude a peace officer.
- Calumet City investigators pursued Brown in an unmarked Ford Explorer with lights and siren activated; officers testified they wore plain clothes but had outer tactical vests with police markings, badges, name tags, and full duty belts with firearms and equipment.
- Brown testified he stopped when he first saw lights, then drove to a better-lit area because he thought the vehicle was not police; he said he did not hear a siren, did not see traditional uniforms, and could not read any badge.
- Officers blocked the Lexus, exited with weapons drawn, handcuffed Brown after a struggle, and later a station search produced heroin and cocaine.
- A jury convicted Brown on all counts; he moved for a new trial arguing the State failed to prove the pursuing officers were in "police uniform" as required by 625 ILCS 5/11-204(a); the trial court denied the motion and sentenced him to concurrent probation terms.
- On appeal the central issue was whether the evidence proved the officers were "in police uniform" for purposes of the eluding statute; the appellate court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proved the pursuing officers were "in police uniform" under 625 ILCS 5/11-204(a) | Testimony showed officers wore vests with police markings, badges/nametags, and duty belts with firearms and equipment — sufficient to satisfy the statute | Officers were in plain clothes/non-traditional attire; Brown did not recognize them as police and did not hear sirens — statute requires a uniform | Vests with police markings plus visible badging and duty belts can satisfy the statute; a rational juror could find officers were in uniform, so conviction affirmed |
Key Cases Cited
- People v. Baskerville, 2012 IL 111056 (standard for reviewing sufficiency of the evidence)
- People v. Campbell, 146 Ill.2d 363 (factfinder need not accept every possible explanation consistent with innocence)
- People v. Murdock, 321 Ill. App. 3d 175 (reversal where record contained no evidence of officer clothing/uniform)
- People v. Brown, 2013 IL 114196 (conviction reversed only when evidence is so unreasonable or improbable as to create reasonable doubt)