People v. Carter
957 N.E.2d 576
Ill. App. Ct.2011Background
- May 2, 2008, officer stopped Carter for a stop-sign violation; license was suspended; arrest for driving on a suspended license followed.
- During custody, officer conducted a search of Carter’s person and found cocaine in the crotch area.
- Carter filed a motion to suppress on November 13, 2008, alleging an illegal strip search and Fourth Amendment/Illinois Constitution violations.
- Trial court ruled the search was a valid search incident to arrest and not a strip search; suppression denied.
- December 2, 2008, stipulation bench trial; Carter found guilty of unlawful possession of a controlled substance; sentenced March 23, 2009 to 30 months’ probation; public defender and laboratory fees imposed; on appeal, issues include suppression and the $100 public defender fee not preceded by ability-to-pay hearing.
- Court holds: suppression affirmed in part (not a strip search under statute), but remands for hearing on ability to pay public defender fee; otherwise affirmed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search violated the Illinois strip search statute or Fourth Amendment | Carter argues strip search violated statute and Fourth Amendment | People contends search did not violate statute or Fourth Amendment | Not a strip search under statute; search reasonable as incident to arrest |
| Whether the search was reasonable under the Fourth Amendment | Fourth Amendment violation claimed due to improper strip search | Search supported by reasonable suspicion and scope was proper | Search was reasonable as incident to lawful arrest; do not exclude evidence |
| Whether the search violated the strip-search statute’s procedural requirements | Statute’s procedural safeguards were not followed | Statutory violation alone does not render Fourth Amendment search unreasonable | Even if a strip search, it was not performed with proper statutory protocol; nonetheless not automatically unconstitutional under Fourth Amendment |
| Whether the defendant must receive a hearing on ability to pay the public defender fee | Court should have held a hearing before imposing the fee | Benefit of hearing to determine ability to pay was missing | Remand for a hearing on ability to pay the public defender fee |
| Whether the conviction should be affirmed given the suppression ruling | Conviction supported by admissible evidence | Suppression would require reversal | Affirmed in part and reversed in part; remand for fee-hearing |
| Whether the court properly remanded for fee-hearing to determine ability to pay | State concedes error | Error requires remand for proper determination | Remanded for proceedings consistent with ability-to-pay requirement |
Key Cases Cited
- People v. Holliday, 318 Ill.App.3d 106 (Ill. App. 1st Dist. 2001) (reasonableness review of warrantless searches; strip/search context cited)
- Doe v. Burnham, 6 F.3d 476 (7th Cir. 1993) (Fourth Amendment reasonableness not automatic from statutory violation)
- United States v. Robinson, 414 U.S. 218 (U.S. 1973) (full search incident to lawful arrest permissible for weapon/evidence search)
- Gustafson v. Florida, 414 U.S. 260 (U.S. 1973) (search incident to arrest scope to locate contraband)
- Williams v. State, 28 Ill.App.3d 189 (Ill. App. 3d Dist. 1975) (scope of search incident to custodial arrest)