People v. Walker
995 N.E.2d 351
Ill. App. Ct.2013Background
- Walker was charged with DUI based on cannabis in urine and leaving the scene of an accident; she moved to suppress evidence and statements.
- The stop occurred after police traced a hit-and-run to a blue Chevy Impala with front-end damage and initiated a traffic stop.
- During the encounter, officers retrieved Walker’s purse from her car and restrained her while she stood near the patrol car.
- Detective Rath smelled cannabis upon opening the purse and proceeded to search the purse and subsequently the car, revealing cannabis.
- The trial court denied suppression of the purse search and related evidence, while suppressing Walker’s statements; the State dismissed one count and the case proceeded to a bench trial on the remaining DUI charge.
- The appellate court reversed the trial court’s denial of suppression, remanding for a determination of the impact of the invalid purse search on the admissibility of other evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Rath’s search of the purse justified by the Terry exception? | Walker argues the purse search was unlawful as there was no armed-and-dangerous justification. | Walker contends the search was a proper Terry protective search to ensure officer safety since the purse could contain a weapon. | Not justified; purse search invalid and suppression required. |
| Was the initial stop/encounter a valid Terry stop, independent of the purse search? | Walker asserts the stop was valid but the search extended beyond Terry. | Walker contends the overall stop and subsequent actions were permissible under Terry. | Terry stop valid; however the subsequent purse search was not justified. |
| What is the effect of the invalid purse search on the admissibility of other evidence? | Walker argues that without the purse search, the remaining evidence may be insufficient. | Walker’s position on the remaining evidence is not dispositive; focus is on suppression. | Remand for determination of the impact of the invalid search on other evidence. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court 1968) (establishes the Terry stop and limited protective search framework)
- People v. Galvin, 127 Ill. 2d 153 (Ill. 1989) (limits on searches for weapons during stop; requires articulable safety concerns)
- People v. Davis, 352 Ill. App. 3d 576 (Ill. App. 1st Dist. 2004) (nervousness alone does not justify a frisk; must show armed-and-dangerous motive)
- Dotson, 37 Ill. App. 3d 176 (Ill. App. 1st Dist. 1976) (hands in pockets may be innocuous; must show reason to believe weapon present)
- People v. Flowers, 179 Ill. 2d 257 (Ill. 1997) (reasonableness of belief measured by objective facts; prohibits vague fears)
- Lee, 48 Ill. 2d 272 (Ill. 1971) (limits Terry searches to weapons-detecting scope; not for general evidence gathering)
- Wardlow, 528 U.S. 119 (U.S. Supreme Court 2000) (recognizes context of reasonable suspicion and stop-and-frisk standards)