People v. Rodriguez-Chavez
405 Ill. App. 3d 872
Ill. App. Ct.2010Background
- Defendants were arrested after a controlled undercover cocaine purchase operation (March 9, 2008).
- Undercover agents surveilled Montez's residence; defendants arrived and interacted with Majares and Montez while doing yardwork.
- Majares and Montez then drove off in vehicles; defendants followed in a Chrysler Sebring, traveling tandem with them for a substantial distance.
- A police plan intercepted the tandem vehicles on I-88 by simulating an accident; arrests occurred after a ramp exit to Highland.
- Trial court granted motions to quash arrests and suppress the evidence; the State sought reversal arguing probable cause.
- Appellate court reversed, holding probable cause existed to arrest, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest based on totality of circumstances | Rodriguez-Chavez/ Cuebas-Barreto were part of drug deal. | No probable cause from yardwork, timing, or travel tandem. | Probable cause existed; warrants reversal and remand. |
| Traveling in tandem as a basis for arrest | Tandem travel with drug-dealing co-conspirators supports arrest. | Travel route and distance undermine inferred involvement. | Tandem travel, with other indicia, supported probable cause. |
| Whether Terry detention could justify seizure | Arrests/discovery could be Terry-based detentions. | No proper issue due to forfeiture; not reached. | Issue not reached; court still reverses on probable cause. |
Key Cases Cited
- People v. Wear, 229 Ill.2d 545 (Ill. 2008) (probable cause uses totality of circumstances; not require proof beyond reasonable doubt)
- People v. Ortiz, 355 Ill.App.3d 1056 (Ill. App. Ct. 2005) (tandem vehicle evidence can support probable cause to arrest a co-driver)
- United States v. Rodriguez-Rodriguez, 550 F.3d 1223 (10th Cir. 2008) (two vehicles in tandem with contraband supports arrest of the other driver)
- United States v. Zamudio-Carrillo, 499 F.3d 1206 (10th Cir. 2007) (false compartment plus tandem travel supports probable cause to stop/seize defendant)
- United States v. Delossantos, 536 F.3d 155 (2d Cir. 2008) (infer reasonable inference that if one in vehicle is dealing, others may be too)
- Maryland v. Pringle, 540 U.S. 366 (U.S. 2003) (probable cause may be inferred even with innocent explanations; not require more likely true than false)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause based on totality of the circumstances; not proof beyond reasonable doubt)