People v. Green, 19 N.E.3d 13

Green was charged with first-degree murder following a bench trial; pretrial motions to quash arrest and suppress evidence were denied at trial.
Detectives investigated four addresses linked to Green after Brittany Brooks’s death and observed two vehicles departing a Summit Street residence.
Minivan containing Green and Green’s sister was stopped; Green was arrested; blood observed on Green.
Interrogation began at the police station; recording equipment failed to start until 4:44 a.m., leaving 81 minutes of unrecorded custodial interrogation.
The State admitted the unrecorded portion was not recorded due to officer error; later portions were recorded and Green waived rights and spoke with detectives.
Court on rehearing affirmed the conviction and the stop and custodial statements were found admissible.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the minivan stop violated Terry standards	People argued stop was justified with articulable suspicion	Green contends the seizure lacked reasonable suspicion	Stop upheld; reasonable, articulable suspicion existed
Whether evidence from the stop was admissible	State maintained stop yielded lawful arrest and admissible evidence	Motion to suppress should succeed if stop invalid	Evidence obtained from valid stop admissible
Whether custodial statements were voluntary under 103-2.1(f) despite unrecorded portion	State showed voluntariness and reliability from totality of circumstances	Statements involuntary due to conditioning and prolonged interrogation	Statements voluntary and reliable; admissible
Whether due process was violated by testimony discrepancies about vehicle locations	Avila’s account discrepancies were immaterial	Discrepancy undermined credibility and due process	No due process violation; credibility weighed by trial court

Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes Terry stop standard and degree of suspicion required)
People v. Gherna, 203 Ill. 2d 165 (2003) (limits on stop justification in Illinois context)
People v. Hoekstra, 371 Ill. App. 3d 720 (2007) (collective knowledge doctrine for suspicion)
People v. Lee, 214 Ill. 2d 476 (2005) (de novo review of suppression when appropriate)
People v. Brexton, 343 Ill. App. 3d 322 (2003) (prima facie burden on suppression motion; standard of review)
Ertl, 292 Ill. App. 3d 863 (1997) (illustrates objectives of Terry stop analysis)
Mendez, 371 Ill. App. 3d 773 (2007) (factors for post-offense stop proximity analysis)
Reid v. Georgia, 448 U.S. 438 (1980) (limits on stops based on minimal or broad traveler conduct)
Spano v. New York, 360 U.S. 315 (1959) (evidence of fatigue/pressure in prolonged interrogation; limits on coercion)
Gilliam, 172 Ill. 2d 484 (1996) (voluntariness factors for custodial statements)
Prim, 53 Ill. 2d 62 (1972) (purpose of Section 103-3 family communications rights)
Haynes v. Washington, 373 U.S. 503 (1963) ( impede coercive conditioning; not controlling here)
Ramey, 152 Ill. 2d 41 (1992) (length of interrogation and voluntariness considerations)
Terrell, 132 Ill. 2d 178 (1989) (illinois standards on interrogation duration)
Westmorland, 372 Ill. App. 3d 868 (2007) (parens about parental assistance considerations)