City of Highland Park v. Lee
State: Illinois
Court: 2nd District Appellate
Docket No: 2-96-0679
Case Date: 08/06/1997
No. 2--96--0679
________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
________________________________________________________________
THE CITY OF HIGHLAND PARK, ) Appeal from the Circuit Court
) of Lake County.
Plaintiff-Appellant, )
) Nos. 95--TR--72838
v. ) 95--TR--73022
)
JAMES LEE, ) Honorable
) Emilio B. Santi,
Defendant-Appellee. ) Judge, Presiding.
________________________________________________________________
JUSTICE McLAREN delivered the opinion of the court:
Defendant, James Lee, was arrested and charged with driving
with a blood-alcohol concentration above 0.10 (Highland Park
Municipal Code 71.105A1 (19__)), driving under the influence of
alcohol (Highland Park Municipal Code 71.105A2 (19__)), and
driving with a revoked license (625 ILCS 5/6--303(a) (West 1994)).
The trial court granted defendant's motion to quash the arrest and
suppress the evidence and his petition to rescind the summary
suspension of his license. The City of Highland Park (City) now
appeals. We affirm.
We initially must address this court's jurisdiction to hear
the City's appeal of the court's order to quash and suppress. The
City brings the appeal under Supreme Court Rule 604(a), which
provides:
"(a) Appeals by the State.
(1) When State May Appeal. In criminal cases the State
may appeal only from an order or judgment the substantive
effect of which results in dismissing a charge for any of the
grounds enumerated in section 114--1 of the Code of Criminal
Procedure of 1963; arresting judgment because of a defective
indictment, information or complaint; quashing an arrest or
search warrant; or suppressing evidence.
(2) Leave to Appeal by State. The State may petition for
leave to appeal under Rule 315(a).
(3) Release of Defendant Pending Appeal. A defendant
shall not be held in jail or to bail during the pendency of an
appeal by the State, or of a petition or appeal by the State
under Rule 315(a), unless there are compelling reasons for his
continued detention or being held to bail.
(4) Time Appeal Pending Not Counted. The time during
which an appeal by the State is pending is not counted for the
purpose of determining whether an accused is entitled to
discharge under section 103--5 of the Code of Criminal
Procedure of 1963." 145 Ill. 2d R. 604(a).
While this rule gives the State the right to pursue interlocutory
appeals in criminal cases, it has long been held that this right
does not extend to municipalities prosecuting village ordinance
violations. See, e.g., Village of Cary v. Pavis, 171 Ill. App. 3d
1072 (1988). Therefore, in most instances, a municipality cannot
take an interlocutory appeal from an order quashing arrest and
suppressing evidence.
However, section 16--102 of the Illinois Vehicle Code
provides, in part:
"The State's Attorney of the county in which the
violation occurs shall prosecute all violations except when
the violation occurs within the corporate limits of a
municipality, the municipal attorney may prosecute if written
permission to do so is obtained from the State's Attorney."
625 ILCS 5/16--102 (West 1994).
In this case, the charge of driving while license was revoked
was brought as a violation of the Illinois Vehicle Code and not as
a violation of a municipal ordinance. The municipal prosecutor for
the City has received written permission to prosecute violations of
the Illinois Vehicle Code from the State's Attorney of Lake County.
Thus, the municipal prosecutor, acting in the place of the State's
Attorney, may appeal from the granting of the defendant's motion to
quash and suppress, and this court has jurisdiction to review the
trial court's order. Thus, we need not revisit Village of Cary to
determine if the appeal of ordinance violations identical to
statutory violations ought to be included in the context of Supreme
Court Rule 604(a).
Officer Justin Coulter of the Highland Park police department
was patrolling a residential neighborhood at about 1 a.m., on June
27, 1995. He observed a Jeep driving approximately one to two
miles per hour southbound on Western Avenue. Coulter pulled to
within a car length behind the Jeep and saw a woman walking along
the passenger side. Coulter could hear the woman and the person
inside the Jeep yelling at each other.
After driving about one car length, the Jeep turned left onto
Prairie Avenue, leaving the woman on Western Avenue. Coulter
approached the woman and ascertained that, although she was upset,
she was otherwise unharmed. Coulter left the woman and followed
the Jeep, which was still traveling on Prairie Avenue. Coulter did
not observe the Jeep violate any laws during the time that he
followed the vehicle.
Coulter then activated his emergency lights and curbed the
Jeep. During his subsequent conversation with defendant, who was
driving the Jeep, Coulter learned that defendant did not have a
valid driver's license. Defendant explained that the woman on
Western Avenue was his girlfriend and that they had been fighting.
He added that after the fight had started his girlfriend had gotten
out of the Jeep and had begun walking. Coulter determined that
defendant was intoxicated and arrested him for driving under the
influence of alcohol, driving with a blood-alcohol concentration
above 0.10, and driving with a revoked license.
Defendant moved to quash his arrest and suppress the evidence
and petitioned to rescind the statutory summary suspension of his
driver's license. The parties stipulated that the issue to be
presented at the hearing on the motion was whether there was a
legal basis for Officer Coulter to stop the defendant. After
hearing testimony, the court limited argument to the specific area
of the officer's "caretaking" function:
"THE COURT: I think in the interest of expediency the
focus is not on the existence of probable cause but the
exception that may be appropriate thereto. I think the only
exception at this point in time would simply be a caretaking
function of the officer. And the question is whether or not
Officer Coulter's action falls within the generally acceptable
parameters of his caretaking functions under the facts and
circumstances. I suggest that any thoughts or arguments be
limited to that particular exception to probable cause
determination."
The court then found that, while Officer Coulter's actions
were not "inappropriate or outrageous," other less intrusive or
more appropriate courses of action were available to the officer.
Therefore, "by a small margin," the question of reasonableness was
to be decided in defendant's favor, and the motion and petition
were granted.
A trial court's ruling on a motion to suppress should not be
overturned on appeal unless it is manifestly erroneous. People v.
Neal, 109 Ill. 2d 216, 218 (1985). We believe that the trial
court's decision to grant defendant's motion and petition was not
manifestly erroneous.
The Illinois Supreme Court first adopted the theory of the
"community caretaking function" of the police in People v. Murray,
137 Ill. 2d 382 (1990). In using this term, the court referred to
police-citizen encounters in which there is no coercion or
detention and, thus, no seizure. Murray, 137 Ill. 2d at 387. A
seizure occurs, according to the court, only when a police officer
uses some means of physical force or show of authority to in some
way restrain the liberty of a citizen. Murray, 137 Ill. 2d at 387-
88. The appropriate test to determine if a seizure has occurred is
whether a reasonable person would feel free to decline the
officer's request for the encounter. See Florida v. Bostick, 501
U.S. 429, 434, 115 L. Ed. 2d 389, 398, 111 S. Ct. 2382, 2386
(1991); People v. Smith, 266 Ill. App. 3d 362, 366 (1994). In the
absence of a seizure, a defendant's fourth amendment rights are not
implicated. People v. Crocker 267 Ill. App. 3d 343, 345 (1994).
This function is totally divorced from the detection,
investigation, or acquisition of evidence relating to the violation
of a criminal statute. Murray, 137 Ill. 2d at 388. The community
caretaking encounter was differentiated from a "Terry" stop, a
brief seizure, which must be supported by a reasonable suspicion of
criminal activity, and an arrest, which must be supported by
probable cause. See Murray, 137 Ill. 2d at 387.
In Murray, two police officers approached a parked vehicle in
which the defendant was slumped over the wheel. The officers
knocked on the car window to awaken the defendant and asked the
defendant to exit the vehicle and produce his identification.
After the defendant exited, one of the officers saw a handgun in
plain view inside the vehicle, and the defendant was charged with
unlawful use of a weapon by a felon. The trial court denied the
defendant's motion to quash the arrest and suppress the evidence.
Our supreme court affirmed, ruling that the trial court was not
manifestly erroneous in finding that no seizure occurred until
after the gun was seen, at which time probable cause for arrest
arose, and that the officers were appropriately performing a
community caretaking function when they approached the vehicle to
check on the well-being of the defendant. Murray, 137 Ill. 2d at
387.
Illinois courts have found police officers to be engaged in
community caretaker functions when they have approached citizens in
parking lots (People v. Todd, 249 Ill. App. 3d 835 (1993); People
v. Bauman, 204 Ill. App. 3d 813 (1990); People v. Salome, 201 Ill.
App. 3d 1081 (1990)), on the street (People v. Crocker, 267 Ill.
App. 3d 343 (1994); People v. Zamora, 203 Ill. App. 3d 102 (1990)),
in vehicles when the defendant is a passenger and the driver has
been pulled over for a violation (People v. Smith, 266 Ill. App. 3d
362 (1994)), and inside the defendant's house when the defendant
requested the police to enter the house and escort someone off the
premises (People v. Carlile, 234 Ill. App. 3d 1063 (1992)). In one
case, a police encounter with a man found sleeping in his car in a
parking lot was found to be outside the community caretaking
function since the officer was acting in furtherance of an
investigation of burglary or other suspicious circumstances and
ordered, rather than requested, the defendant to get out of the
car. See People v. Hinton, 249 Ill App. 3d 713 (1993).
The City relies heavily on People v. Quigley, 226 Ill. App. 3d
598 (1992). In Quigley, police officers observed two vehicles, one
behind the other, approach a stop sign at an intersection. The
defendant, who was the driver of the first vehicle, got out of his
car, approached the driver's side window of the second car, and
yelled at the driver of that vehicle. He then returned to his car
and drove away. The second driver then proceeded in a different
direction. The officers followed the defendant and, using the
squad car's emergency lights, pulled over the defendant to
investigate the problem between the defendant and the other driver.
The stop ultimately resulted in the defendant's arrest for alcohol-
related offenses. Quigley, 226 Ill. App. 3d at 599.
The Appellate Court, Fourth District, found that the trial
court erred when it granted the defendant's motion to quash arrest
and suppress evidence. The court reasoned:
"The officers followed defendant for one block and pulled him
over after signaling with overhead flashing lights. Another
police car followed the other vehicle so defendant was not
singled out to be followed. The officers did not display a
weapon or order defendant out of his car. Officer Henson
simply approached defendant's vehicle to inquire about the
incident at the intersection. A stop in these circumstances
was part of the community caretaking function and did not
violate defendant's fourth amendment rights.
The defendant exited his running vehicle late at night at
a highway intersection. He left the running vehicle
unattended, however briefly, and approached the vehicle behind
him. He loudly cursed and insulted the driver and obstructed
the roadway. He then returned to his vehicle and drove away.
It was not unreasonable or overzealous or intrusive for the
officers to briefly stop defendant to inquire of his loud,
confrontational and bizarre behavior. Not every contact
between police and citizens is meant to detect crime. The
police have a public safety role which the fourth amendment
permits them to perform so long as they do so reasonably and
with a minimum of intrusion into the privacy and mobility of
the citizenry." Quigley, 226 Ill. App. 3d at 603-04.
We reject the reasoning employed in Quigley. The Quigley
court, we believe, placed too much reliance on some circumstances
indicative of a seizure set forth in Murray and in United States v.
Mendenhall, 446 U.S. 544, 64 L. Ed. 2d 497, 100 S. Ct. 1870 (1980).
These circumstances were the threatening presence of several
officers, the display of the officer's weapon, a physical touching
of the citizen, and the use of language or tone of voice indicating
that compliance with the officer's request might be compelled. See
Quigley, 226 Ill. App. 3d at 603. However, that list is not
exhaustive; it is merely a short list of possible circumstances
that may lead to a finding of a seizure. The Quigley court found
that none of the listed factors was present but did not address the
use of emergency lights to curb the defendant's vehicle. We find
that the use of the emergency lights, a factor in both Quigley and
the case before us, constitutes a show of authority used to
restrain the liberty of the defendant. A reasonable person would
not feel free to decline such an encounter with a police officer,
as the use of the emergency lights is an order to a driver to curb
the vehicle. See Smith, 266 Ill. App. 3d at 366. A driver's
knowing failure to curb his vehicle when given an audible or visual
signal to do so by a police officer is a violation of the criminal
offense of fleeing or attempting to elude police officer (625 ILCS
5/11--204 (West 1994)), a Class B misdemeanor, a conviction of
which may be followed by a period of license suspension of up to
six months, or a violation of the petty offense of failure to yield
the right-of-way to an emergency vehicle. See 625 ILCS 5/11--907
(West 1994). It is unreasonable to suggest that a driver could feel
free to refuse to curb his vehicle when an officer uses emergency
lights, when to refuse knowingly to do so constitutes criminal
conduct. The traffic stop in the case before us was a seizure made
without probable cause or a reasonable suspicion of criminal
activity to support it.
In making its ruling, the trial court puzzled over whether
Officer Coulter's actions were the most appropriate and least
intrusive actions he could have taken under the circumstances and
found that the question of reasonableness lay in defendant's favor.
The court's reasoning, which appears to be based on the Quigley
analysis of reasonableness and intrusiveness, was misplaced to the
extent that Quigley disregarded Murray and the prohibition against
a seizure without an articulable suspicion or probable cause.
Whether a police officer is acting in his role as a community
caretaker does not depend on whether he has taken the "most
appropriate" or "least intrusive means" to encounter a citizen.
There is no balancing of "reasonableness." The test is whether the
officer has "seized" the citizen by, in some way, restraining his
liberty. See Murray, 137 Ill. 2d at 387-88. Once a seizure has
occurred, an officer is not acting in his community caretaker
function, even if his original intention had nothing to do with the
detection or investigation of a crime.
An appellate court may affirm the judgment of a trial court on
a basis not ruled upon by the trial court if the necessary factual
basis for the determination is contained in the record. American
National Bank & Trust Co. v. National Advertising Co., 149 Ill. 2d
14, 21 (1992). While the trial court granted defendant's motion
and petition based incorrectly on a test of reasonableness, we find
that the facts in evidence show that Officer Coulter had no
articulable suspicion or probable cause to seize the defendant.
Therefore, we affirm the judgment of the circuit court of Lake
County.
Affirmed.
BOWMAN and COLWELL, JJ., concur.
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