People v. Henderson
965 N.E.2d 1285
Ill. App. Ct.2012Background
- Defendant Carl Henderson was convicted at a bench trial of aggravated unlawful use of a weapon and sentenced to eight years in prison.
- On appeal, Henderson contends his counsel was ineffective for not moving to suppress evidence due to an alleged lack of reasonable suspicion for the initial stop.
- An anonymous citizen told police about a tan Lincoln with three passengers containing a gun; the officers later observed such a vehicle with three occupants.
- Henderson sat in the backseat; as officers approached, he fled after being handed to an officer, dropping a handgun during the escape.
- The handgun was recovered a short distance from the vehicle after Henderson was pursued and ultimately apprehended.
- The trial court denied suppression, and the appellate court affirmed, rejecting Henderson’s ineffective-assistance claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was defense counsel ineffective for not filing a suppression motion? | Henderson argues improper seizure tainted evidence. | Henderson contends suppression would have been granted if properly argued. | No prejudice; suppression would have been futile. |
| Was Henderson seized when the gun fell during flight, rendering it tainted fruit? | Even if initial stop was illegal, flight ended the seizure, making the gun admissible. | All evidence obtained as a fruit of the illegal seizure should be suppressed. | Henderson was not seized when the gun fell; seizure occurred later when handcuffed, so the gun was not fruit of an illegal seizure. |
Key Cases Cited
- People v. Rhinehart, 2011 IL App (1st) 100683 (1st Dist. 2011) (initial seizure based on anonymous tip must be reasonable under Terry)
- California v. Hodari D., 499 U.S. 621 (U.S. 1991) (seizure occurs upon submission to authority or physical contact; discarded contraband not seized)
- People v. Thomas, 198 Ill.2d 103 (Supreme Court of Illinois, 2001) (seizure occurs when a reasonable person submits to a show of authority; flight negates initial seizure)
- People v. Keys, 375 Ill.App.3d 459 (1st Dist. 2007) (contraband discarded after end of initial seizure may not be fruit of an illegal seizure)
- People v. Patterson, 217 Ill.2d 407 (Supreme Court of Illinois, 2005) (futility of suppression distribution when motion would fail)