delivered the opinion of the court:
Defendant, Diana G. Radcliff, was charged with possession of more than 15 grams of cocaine with intent to deliver, possession of less than 15 grams of heroin, and possession of less than 200 grams of amphetamines. Defendant was found guilty at a jury trial of all three charges. Defendant appeals.
The relevant facts are as follows. On May 28, 1996, defendant was involved in a one-vehicle
On December 18, 1996, a hearing was held on the motion to suppress. Defendant testified that on May 28, 1996, she was injured in an automobile accident and taken to Salem Hospital. There is no dispute that defendant was not asked for permission to search her vehicle, nor did she give such permission. At the time of the accident, defendant was wearing an off-white, linen “fanny pack” that was fastened around her waist. The fanny pack had a zippered compartment, as well as two snap pockets. Defendant was never asked for permission to search the fanny pack.
Robert Shehorn, lead paramedic for Campbell Superior Ambulance Service, was working on May 28, 1996, and was called to the scene of defendant’s accident. Shehorn testified that he did not work for the police or take orders from them. Upon his arrival at the scene of the accident, Shehorn observed a severely damaged white Camaro sitting at an angle on a driveway. Shehorn stated that the vehicle had apparently left the road, hit a concrete tile at the end of the driveway, and jumped the culvert. The front passenger’s door of the vehicle was open, with defendant lying partly in and partly out of the vehicle. She-horn immediately went to the patient and noticed that she was conscious but that she was confused, disoriented, and in pain. Defendant had several facial injuries that involved excessive bleeding. She had broken her dentures and had several lacerations around her mouth. Defendant also injured her left ankle and right wrist. The paramedics controlled defendant’s bleeding, immobilized her, put her on oxygen and an intravenous tube, and also put her on a life-pack monitor due to a possible chest injury. Defendant’s condition was considered stable but serious.
Douglas Krutsinger, accident reconstructionist for the Illinois State Police, arrived as defendant was being put into the ambulance. Krutsinger assisted Shehorn in attempting to find identification for defendant. They found a vehicle registration and money, but no driver’s license or other personal identification. Shehorn found a baggie in defendant’s car with some residue on it, but thought nothing of it and tossed it aside.
Defendant was transported to Salem Hospital’s emergency room. Nurses Juanita Green and Cindy Spencer assisted the paramedics and took defendant to the major trauma room, where Shehorn and the nurses cut her clothing off of her. Shehorn saw a small brown vial pinned under one of defendant’s bra straps and a bag of white substance pinned under the other bra strap. Shehorn then noticed that defendant had a fanny pack around her waist, where it had previously been concealed by her blouse. Darren Davis, another emergency medical technician, unzipped the fanny pack in an effort to find some identification for defendant. Shehorn stated that it was not standard practice to assume that the driver of the vehicle is the owner of the vehicle when they find a vehicle registration as they did in this case. Shehorn testified that they generally continue to search until they find a driver’s license or other form of personal identification. Inside the fanny pack, Davis found a driver’s license. Davis also discovered a ziplock bag containing white powder and other containers with white substances in them. Shehorn stated that he believed that the bags in the fanny pack contained cocaine. Shehorn and Green took the fanny pack and its contents and the items found underneath defendant’s bra straps and locked them in the narcotics cabinet at the hospital. Green later turned them over to Krutsinger. Defendant was then transported to a St. Louis hospital by helicopter that night.
Davis’s, Green’s, and Krutsinger’s testimonies were in accord with Shehorn’s testimony. Krutsinger believed that defendant was driving under the influence of alcohol or drugs because her eyes “looked like they were dilated” and he thought that they looked “strange.” Krutsinger agreed that he
Since defendant’s vehicle was damaged and could not be moved without a tow, Krutsinger did an inventory search of the vehicle before it was towed, as required by written policy of the Illinois State Police. Krutsinger stated that there was a lot of clothing and trash strewn about the interior of the vehicle. At approximately 10 p.m., Krutsinger received a message from the Salem police department’s dispatcher that drugs had been discovered on defendant’s person at the hospital. Krutsinger told the dispatcher to contact the nurses at the hospital and see that the drugs were secured. Krutsinger then continued the inventory of the vehicle and, in the crack between the top and bottom of the driver’s seat, found a plastic bag containing a light brown substance. He then seized the bag and waited until the vehicle was towed away by a towing company. Krutsinger then went to the hospital and met Green. She gave Krutsinger the fanny pack and the items found on defendant’s clothing.
The next day, Krutsinger went to the lot where defendant’s vehicle had been towed. Krutsinger wanted to complete the inventory search in the daylight because the original search was cursory due to lighting and other conditions. It was Krutsinger’s policy to photograph vehicles involved in accidents causing severe injuries. Krutsinger could see, in plain view from outside of the vehicle, a small bag on the floor of the vehicle under the front edge of the driver’s seat. The small bag contained brown material, which Krutsinger believed could be a controlled substance. It was then seized and inventoried.
Subsequent to the hearing on the motion to suppress, the trial court ruled that the actions of the medical personnel in searching defendant and her fanny pack for identification and medication were reasonable. The court stated that this was especially true considering the fact that defendant sustained serious and debilitating injuries which caused her to be unable to communicate with the people that were responsible for treating her. The trial court denied the motion to suppress, specifically ruling that the search was not for contraband but to save defendant’s life.
Defendant then filed a motion to reconsider, claiming that before the trial court ruled on the motion to suppress, it spent only two to three minutes to look at 12 precedents submitted by defense counsel. The trial court agreed that it had spent only “a few minutes looking through the headnotes of those decisions.” The trial court explained, however, that it did read the headnotes of the cases and that they were not on point factually since they involved situations different from those existing when defendant was in the emergency room. The court denied the motion to reconsider.
On July 7, 1997, a jury trial was held in this case. The testimony at trial was substantially similar to the testimony on the motion to suppress. At trial, Shehorn did not identify the items of contraband that he saw on defendant’s person and in defendant’s vehicle. She-horn stated that while he was looking for defendant’s identification in her vehicle, he saw People’s exhibit 1, a baggie containing a brown substance. He did not know what it was and threw it aside. Shehorn reiterated that he assisted in removing defendant’s clothing at the hospital and that they discovered People’s exhibit 2, a small brown vial containing liquid, which was attached to defendant’s left bra strap, and People’s exhibit 3, a small bag containing white powder, which was attached to defendant’s right bra strap. A beige fanny pack was also discovered, which was strapped around defendant’s waist underneath her blouse. Shehorn stated that Davis removed the fanny pack, unzipped it, and discovered People’s exhibit 4, a bag containing white powder, and People’s exhibit 5, a larger bag containing a white substance. Davis also found defendant’s driver’s license and $200. Green’s testimony was the same as Shehorn’s and Davis’s testimonies and was the same as her testimony on the motion to suppress.
Michael Cravens, forensic scientist for the Illinois State Police, tested People’s exhibits 1 through 6 and determined the following: (1) People’s exhibit 1, discovered on the driver’s seat of defendant’s vehicle, was 4.9 grams of a substance containing amphetamines; (2) People’s exhibit 2, found pinned to defendant’s left bra strap, was 1.1 grams of a substance containing heroin; (3) People’s exhibit 3, found pinned to defendant’s right bra strap, was 2.5 grams of a substance containing cocaine; (4) People’s exhibit 4, found in defendant’s fanny pack, was 6.2 grams of a substance containing cocaine; (5) People’s exhibit 5, found in defendant’s fanny pack, was 18.1 grams of a substance containing cocaine; and (6) People’s exhibit 6, found on the floor of defendant’s vehicle under the front of the driver’s seat, was 1.9 grams of a substance containing amphetamines.
Thomas Staley, sergeant with the Illinois State Police, testified that he is currently assigned to the Southern Illinois Drug Task Force (Task Force). Staley said that he had been involved in more than 500 undercover drug operations. Staley testified that the purpose of the Task Force is to identify individuals that sell quantities of illegal drugs and to initiate purchases from them, thereby enabling the law enforcement officers to arrest them. Staley stated that 26.8 grams of cocaine, as was discovered on defendant’s person, was a large amount of cocaine and, based on his personal experience, he would not believe that it was for personal use. Cocaine for personal use would be approximately 3.5 grams. The cocaine found on defendant would sell for approximately $2,600, or $100 per gram. After hearing all of the testimony, the jury found defendant guilty of possession of heroin, possession of amphetamines, and possession of more than 15 grams of cocaine with intent to deliver.
At defendant’s sentencing hearing, it was revealed that defendant had two prior felony convictions. Both convictions occurred in 1987; they were for possession of a controlled substance and possession of more than 500 grams of cannabis. Additionally, William Kruger, of the Illinois State Police, testified at the sentencing hearing that on August 23, 1996, when defendant was apparently out on bond in this case, he saw defendant asleep at the wheel of her vehicle on Interstate 70 in Effingham County. She had pulled her vehicle over to the side of the road and had her emergency flashers on. Two packets containing small amounts of cocaine were concealed in defendant’s vehicle, and $6,890 in cash was found in her purse.
After hearing all of the evidence, the trial court sentenced defendant to 10 years in custody for possession of cocaine with intent to deliver, three years in custody for possession of heroin, and three years in custody for possession of amphetamines, with all sentences to be served concurrently. Defendant had previously pleaded guilty to driving under the influence because cocaine was discovered in her system at the hospital. The prosecution decided to dismiss that charge.
Initially, defendant argues that the trial court violated her due process rights when only the headnotes of the cases submitted by defendant were reviewed at the suppression hearing, rather than the actual text of those opinions. Defendant has not cited any precedent or other authority in support of her due process argument. Hence, pursuant to Supreme Court Rule 341(e)(7) (155 Ill. 2d R. 341(e)(7)), defendant has waived this argument on appeal. In any event, the argument is without merit. The trial court need not read every word of every case cited during oral argument. Many such cases will stand for propositions of law that are not in dispute, and others might not be relevant to the issues in the case. The trial court explained that it read the headnotes to the cases that were submitted by the defense and that none of those cases dealt with similar facts or with the kind of circumstances we have in this case. We do not believe that the suppression ruling should be disturbed on this basis.
The trial judge has broad discretion in controlling the scope of argument. A trial judge may even deny a motion for a new trial without hearing argument by counsel. See People v. Sally,
In this case, defendant submitted four cases to show that the search of defendant’s clothing and fanny pack at the hospital was unlawful. See Arkansas v. Sanders,
Defendant contends that the illegal search and seizure took place after the cocaine and heroin had been lawfully discovered and confiscated by medical personnel. Defendant claims that even though the nurses and paramedics had already discovered cocaine and heroin on defendant’s body and more cocaine in the fanny pack, the illegal search occurred when the medical personnel turned the fanny pack and all of the illegal drugs over to Krutsinger and he opened the fanny pack without a warrant. We disagree.
It is important to note that it is well-settled law that searches by private individuals do not come within the scope of the fourth amendment. See People v. Carlile,
The State cites the Andreas opinion where customs inspectors examined a table shipped from India and discovered hashish inside. The table and its shipping container were resealed and delivered to the defendant. The defendant was arrested and the table was seized and reopened without a warrant. The Andreas court ruled that the defendant lost any reasonable expectation of privacy in the table once it was lawfully inspected and contraband was discovered; therefore, no search occurred under the fourth amendment when the table was later seized and cut open. The Andreas opinion has been followed by reviewing courts in Illinois. See Mannozzi,
Although defendant cites numerous precedents to support her position, only one of them involves a situation where contraband was discovered by a private individual and then later inspected by police. See People v. Hamilton,
Subsequent to the Andreas decision, the United States Supreme Court reiterated in United States v. Jacobsen,
A case that is strikingly similar to the instant case is State v. Gans,
Likewise, in the instant case, defendant was taken to an emergency room, where she was unable to talk due to her injuries. Medical personnel discovered that defendant had illegal drugs on her person, as well as in her fanny pack. They called the police and turned the fanny pack and the other drugs
Additionally, in two separate arguments, defendant claims that there was no legal justification for the search of her wrecked 1989 Camaro, during which Krutsinger found two plastic bags with residue in them that contained amphetamines. We note parenthetically that this argument pertains only to defendant’s conviction on count III of the information charging defendant with possession of amphetamines. Although defendant had two separate baggies in her vehicle that contained amphetamines, she was only charged in one count with possession of amphetamines. Since the charging instrument used the date of May 28, 1996, the date of the accident, as the date that defendant knowingly and unlawfully possessed the amphetamines, we will consider the discovery of the first bag of amphetamines as the charge that was properly before the jury.
On the date of the accident, Shehorn and Krutsinger arrived on the scene, and each entered defendant’s vehicle, attempting to locate some identification for her. Since defendant’s dentures had been shattered in the accident and she was confused and in pain, she was unable to give her name or any other personal information. In fact, her injuries were so serious that she was transferred to a hospital in St. Louis by helicopter that evening. Also, as we previously stated, her fanny pack, which contained her driver’s license, was concealed under her shirt, so none of her personal identification was immediately available. During the time that Shehorn and Krutsinger were in defendant’s vehicle, they discovered People’s Exhibit 1. Neither Shehorn nor Krutsinger seized it at that time. It was seized later that same evening during an inventory search of defendant’s vehicle.
The elements of an inventory search are as follows: (1) that the impoundment of the vehicle was lawful (South Dakota v. Opperman,
The initial discovery of People’s exhibit 1 was proper because it was justified by exigent circumstances created by a medical emergency. See People v. Paudel,
Krutsinger’s inventory of defendant’s vehicle was reasonable to protect the State Police from any claim or loss. In fact, the State Police had a written policy that required this type of inventory search. See People v. Hundley,
For all of the foregoing reasons, we affirm defendant’s convictions.
Affirmed.
WELCH and CHAPMAN, JJ., concur.
