2020 IL App (1st) 163403
Ill. App. Ct.2020Background
- On July 10, 2014 police heard gunshots in the neighborhood; Sgt. McClendon drove toward the area and observed defendant and another man on a porch near 7944 S. Throop.
- McClendon testified defendant glanced at his unmarked car, grabbed his right hip as if concealing something, and ran into his house; McClendon chased, pushed through the door, detained defendant and performed a pat-down (no weapon found).
- Officers smelled cannabis, obtained a consent-to-search form signed by defendant’s grandmother (Pearlie), and searched defendant’s bedroom, recovering a .38 revolver, large bags of cannabis, ammunition, cash, and two proofs of residency in defendant’s name.
- At bench trial defendant was convicted of unlawful use of a weapon by a felon and possession of cannabis with intent to deliver and sentenced to 26 months’ imprisonment.
- On appeal defendant argued the warrantless entry/arrest lacked probable cause and exigent circumstances, the subsequent consent was tainted and involuntary, and possession was not proven beyond a reasonable doubt.
- The appellate court reversed: it held the officers lacked probable cause to arrest/enter, the consent did not sufficiently attenuate the illegality, and the search fruits must be suppressed, vacating convictions and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Did officers have probable cause to arrest/enter defendant’s home? | Gunshots in the area plus defendant’s furtive movement and flight gave rise to probable cause. | Presence near shots, furtive hip movement, and flight were insufficient to show defendant committed a crime. | No probable cause; entry and arrest unlawful. |
| 2. Did defendant’s flight justify a Terry stop or convert to probable cause? | State (raised on appeal) contends officer shouted "police; stop," flight created reasonable suspicion and then probable cause when defendant fled. | Flight began before any lawful stop; flight alone (especially after nearby gunfire and an approaching unmarked car) is insufficient for reasonable suspicion or probable cause. | Flight did not supply reasonable suspicion/probable cause; Terry stop was not justified. |
| 3. Was Pearlie’s consent to search voluntary and an intervening attenuation? | Consent form signed by Pearlie broke the causal chain; evidence admissible. | Consent was given in a coercive setting after an illegal entry/detention and thus tainted. | Consent did not sufficiently attenuate the initial illegality; search fruits suppressed. |
| 4. Was there sufficient proof of defendant’s possession of the gun and drugs? | Physical evidence in defendant’s room plus proofs of residency and defendant’s statements established possession. | Evidence challenged as fruit of illegal entry and insufficient to prove possession beyond a reasonable doubt. | Court did not reach merits after suppressing the evidence; convictions vacated. |
Key Cases Cited
- People v. Wear, 229 Ill. 2d 545 (Ill.) (warrantless entry into a home to effectuate an arrest requires probable cause and exigent circumstances)
- Brown v. Illinois, 422 U.S. 590 (U.S.) (attenuation factors: temporal proximity, intervening circumstances, purpose/ flagrancy of misconduct)
- Wong Sun v. United States, 371 U.S. 471 (U.S.) (fruit of the poisonous tree doctrine)
- Payton v. New York, 445 U.S. 573 (U.S.) (homes generally protected from warrantless arrest entries)
- People v. Grant, 2013 IL 112734 (Ill.) (probable cause defined by totality of circumstances)
- In re D.W., 341 Ill. App. 3d 517 (Ill. App.) (flight into a home does not automatically supply probable cause to enter and arrest)
- People v. Johnson, 408 Ill. App. 3d 107 (Ill. App.) (distinguished where a lawful seizure preceded flight)
- People v. Sims, 192 Ill. 2d 592 (Ill.) (mere presence in an area of criminal activity is insufficient for probable cause)