People v. Spencer
408 Ill. App. 3d 1
Ill. App. Ct.2011Background
- Defendant Michael Spencer was convicted of possession of a controlled substance with intent to deliver after a jury trial.
- Police arrested Spencer for pandering related to a missing person investigation at Fremd High School on Jan 4, 2006; vehicle pulled into private lot and he was taken into custody.
- Following arrest, officers conducted a custodial inventory search of Spencer’s car and opened a lock box in the trunk, uncovering money and cocaine.
- The inventory search was defended as pursuant to Rolling Meadows Police Department (RMPD) procedures and to safeguard property and public safety.
- Defendant moved to suppress evidence, arguing the search was illegal and the impoundment violated police procedures; the trial court denied suppression.
- On appeal, the court reversed, holding the warrantless search could not be justified as a valid inventory search and ordering suppression of the cocaine, leading to reversal of the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search of the car was a valid inventory search | State argued impoundment followed procedures and justified inventory search | Spencer contends impoundment and search were unlawful and not an inventory search | Inventory search invalid; suppression required |
| Whether the impoundment of the vehicle was lawful under police procedures | State asserts car left at scene per policy after arrest or towed when unable to park | Lot was private; no authority to tow; impoundment improper | Impoundment unlawful; independent of procedure, not justified by policy |
| Whether the exclusionary rule applies given police conduct and deterrence | Police acted reasonably under procedures; exclusion would deter minimal misconduct | Regulations cannot validate Fourth Amendment violation | Exclusionary rule applied; suppression affirmed |
Key Cases Cited
- People v. Gipson, 203 Ill.2d 298 (2003) (prima facie case of illegal search shifts burden to State to justify inventory search)
- People v. Ursini, 245 Ill.App.3d 480 (1993) (impoundment must be legal and not merely unattended risk to justify inventory search)
- Clark, 394 Ill.App.3d 344 (2009) (inventory search must be conducted under reasonable police procedures and in good faith)
- People v. Schultz, 93 Ill.App.3d 1071 (1981) (police cannot rely solely on regulations to justify Fourth Amendment search)
- People v. Kipfer, 356 Ill.App.3d 132 (2005) (reversal if illegality of search undermines the possession-with-intent-to-deliver conviction)
- Galan, 229 Ill.2d 484 (2008) (exclusionary rule not always applied when police act in good faith; deterrence consideration)