THE PEOPLE OF THE STATE OF ILLINOIS, Plаintiff-Appellee, v. CHANCE T. BROWN, Defendant-Appellant.
Third District No. 3-03-0604
Third District
Opinion filed April 29, 2005.
1088-1092
Fletcher P. Hamill (argued), of State Appellate Defender‘s Office, of Ottawa, for appellant.
James Glasgow, Statе‘s Attorney, of Joliet (Lawrence M. Bauer and Robert
JUSTICE LYTTON delivered the opinion of the court:
Dеfendant, Chance T. Brown, was indicted for the offense of unlawful possession of a controlled substance with intent to deliver in violation of section 401 of the Illinois Controlled Substances Act.
On November 5, 2000, a video store in Joliet was robbed at gunpoint. An employee gave police a description of the robber, which was distributed to motel clerks in the area of the robbery. One motel clerk saw defendant and thought he matched the description of the armed robber. She called police, who arrived at the motel just as defendant was driving away.
Police officers stopped defendant, ordered him out of the car and handcuffed him until the eyewitness to the armed robbery could be brought to the scene. While waiting for the witness, police officers saw an electronic scale with a white powdery substance on it on the front seat of defendant‘s car. Police also discovered a bag of cannabis and $1,080 in defendant‘s pocket. The witness from the armed robbery arrivеd and told police that defendant was not the person who robbed the store. Defendant was arrested for possession of a controlled substance with intent to deliver and possession of cannabis.
Prior to the start of the trial defendant moved to quash the arrest and suppress the evidence seized as a result. The motion was denied. The State dismissed the possession of cannabis count, and defendant proceeded to trial on the possession with intent to deliver count. The trial court ordеred defendant‘s handcuffs removed, but instructed that defendant‘s leg shackles could remain on him because the desk where defendant sat was skirted and the jury could not see the shackles. Defendant did not object to the shackles.
Defendant was convicted and sentenced to 12 years’ imprisonment. On appeal, defendant argues that thе trial court erred in denying his motion to quash the arrest and suppress the evidence and that he was denied a fair trial by the trial court‘s order that he remain shackled.
Defеndant argues that the stop constituted an arrest, which was improper because the police lacked probable cause to arrest him. Whether a stoр becomes an arrest depends on the length of time the defendant is detained and the scope of the investigation following the
Here, defendant was initially detained only long enough for an eyewitness to arrive. Before the eyewitness arrived, police officers saw the electronic scale and white powdery substance on the front seat of the car. At that point the police had probable cause to arrest defendant for possession of a controlled substance with intent to deliver. People v. Walters, 256 Ill. App. 3d 231, 236 (1994).
Alternatively, defendant arguеs that his detention was an improper investigatory stop. He contends that the police could not rely on the motel clerk‘s identification because defendаnt weighs 153 pounds while the armed robbery suspect was described as weighing 230 pounds.
If a police officer has knowledge of specific articulable facts that create a reasonable suspicion that a person has committed a crime, the officer may briefly stop and detain the person to make reasonablе inquiries.
It is irrelevant that, upon arriving at the scene, the eyewitness told police that defendant was not the armed robber or that defеndant did not weigh as much as the armed robber according to the description. We do not consider the facts surrounding the stop with analytical hindsight, but from the perspectivе of a reasonable officer under the circumstances of the situation. Love, 199 Ill. 2d at 276. The eyewitness description, coupled with the identification by the motel clerk, providеd the police officer with sufficient articulable facts to create a suspicion that defendant had committed the armed robbery.
Although the stop was proрer, we must reverse the conviction and remand for a new trial because the trial court erred by not holding a hearing on the need for shackles at trial. See People v. Boose, 66 Ill. 2d 261 (1977). The Stаte argues that defendant has waived the issue because he did not object to the shackles at trial. However, we have held that shackling defendants without a Boose hearing
A defendant may not be shackled during trial unless the trial court first conducts a hearing, outside the presence of the jury, to determine whether there is a manifest need for shackles. People v. Boose, 66 Ill. 2d at 265-66. Shаckling is disfavored because “(1) it tends to prejudice the jury against the accused; (2) it restricts his ability to assist his counsel during trial; and (3) it offends the dignity of the judicial process.” Boose, 66 Ill. 2d at 265. If the trial court determines that the defendant should be shackled, the reasons supporting the decision must appear in the record. Boose, 66 Ill. 2d at 267. Here, the only reason given for shackling dеfendant‘s legs was that the jury would not be able to see them. However, jury prejudice is only one reason shackles are disfavored, and is insufficient by itself to justify their use. See In re Staley, 67 Ill. 2d 33, 37 (1977). Thus, dеfendant‘s conviction must be reversed and the cause remanded for a new trial.
CONCLUSION
The judgment of the circuit court of Will County is affirmed in part, reversed in part and the cause remanded for a new trial.
Affirmed in part and reversed in part; cause remanded.
O‘BRIEN, J., concurs.
JUSTICE SCHMIDT, concurring in part and dissenting in part:
Because I would affirm the trial court in its entirety, I dissent from that portion of the opinion which holds that it was plain error to require shackles in this cаse.
The majority cites People v. Doss, 347 Ill. App. 3d 418, 807 N.E.2d 697 (2004), for the proposition that the shackling of a defendant without a Boose hearing always constitutes plain error which is not subject to waiver. This is an improper reading of Doss. Doss did nоt hold that it is always plain error to shackle a defendant without a Boose hearing. Rather, the shackling issue was reviewed under the plain error doctrine because we found thе evidence closely balanced. Doss involved a “he said, she said” case where the defendant‘s conviction rested upon the identification by the victim only. The defendant denied that it was he who committed the crime. To the extent that the Doss opinion can be read to stand for the proposition that shackling of the ankles without a Boose hearing is always reversible error, that can be laid on the shoulders of the relatively new and inarticulate appellate judge who authored the opinion.
The evidence in this case is not closely balanced. Therefore, I find this case inappropriate for plain error review. Any claim of error was waived by defendant. I respectfully dissent from that portion of the opinion which reverses and remands the matter for a new trial.