People v. Havlin
947 N.E.2d 893
Ill. App. Ct.2011Background
- A Tazewell County grand jury indicted Havlin for unlawful possession of a controlled substance (diazepam) on July 4, 2009.
- Havlin moved to suppress all statements made before, during, or after arrest, alleging Miranda rights violations.
- At a suppression hearing, Officer Horn testified about a July 4 traffic stop, field searches, and subsequent possession findings.
- Pills (Valium) were found in the glove box; a glass pipe and Chore Boy were found in the vehicle; Horn arrested Havlin and Gibbs, while VanDyke was released.
- The trial court granted the suppression motion, ruling Havlin’s statements were obtained in custody without Miranda warnings; the State filed a certificate of impairment and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Havlin in custody for Miranda purposes during the on-scene questioning? | Havlin was not seized after the stop ended; not in custody; questioning was consensual. | Havlin was not free to leave; custody existed; Miranda warnings were required. | Not in custody; Miranda warnings not required. |
| Did the officer's general on-scene question about the pills constitute interrogation triggering Miranda? | Question was a general on-scene inquiry, not interrogation. | Any questioning following a seizure or during investigation is interrogation needing warnings. | Not interrogation; no Miranda warning required. |
Key Cases Cited
- People v. Slater, 228 Ill.2d 137 (2008) (confession admissibility; de novo review of legal questions)
- People v. Harris, 228 Ill.2d 222 (2008) (custody determination during traffic stops)
- People v. Braggs, 209 Ill.2d 492 (2003) (custody and interrogation factors; on-scene investigations)
- People v. Laspisa, 243 Ill.App.3d 777 (1993) (Miranda warnings not required for on-scene general questioning)
- Berkemer v. McCarty, 468 U.S. 420 (1984) (on-scene police inquiries during traffic stops; custody analysis)
- People v. Villalobos, 193 Ill.2d 229 (2000) (Miranda requires interplay of custody and interrogation)
- People v. Jeffers, 365 Ill.App.3d 422 (2006) (two-step custody analysis for Miranda)
- People v. Fasse, 174 Ill.App.3d 457 (1988) (on-scene questions not necessarily custody or interrogation)