People v. Sanchez
State: Illinois
Court: 3rd District Appellate
Docket No: 3-96-0761
Case Date: 10/10/1997
No. 3--96--0761
_________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 1997
_________________________________________________________________
THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court
ILLINOIS, ) of the 14th Judicial Circuit,
) Henry County, Illinois
Plaintiff-Appellee, )
)
v. ) No. 95--CF--318--5
)
IRAIDA G. SANCHEZ, ) Honorable
) Jay M. Hanson,
Defendant-Appellant. ) Judge Presiding
_________________________________________________________________
JUSTICE McCUSKEY delivered the opinion of the court:
_________________________________________________________________
Following a jury trial, the defendant, Iraida Sanchez, was
found guilty of controlled substance trafficking (720 ILCS
570/401.1 (West 1996)). She was sentenced to a term of 60 years'
imprisonment.
On appeal, the defendant argues: (1) the trial court erred
when it denied her motion to suppress the evidence because no valid
consent was given for the search and because she was illegally
detained for over 40 minutes; and (2) the evidence was not
sufficient to prove her guilty beyond a reasonable doubt of
controlled substance trafficking. Following our careful review of
the record, we affirm.
FACTS
At the suppression hearing, Floyd Blanks, an Illinois state
trooper, testified that he was on patrol at 6:49 a.m. on November
6, 1995. He saw a motorhome traveling 60 miles per hour on
Interstate 80 near Kewanee. The posted speed limit for large
vehicles, including motorhomes, was 55 miles per hour. Blanks
stopped the motorhome and asked the driver for his driver's
license. The driver gave him a Florida driver's license which
identified him as Elkin Andres Montoya. Blanks then asked the
driver to come to the patrol car and bring the vehicle's
registration. The driver went back to the trooper's car and handed
Blanks the rental agreement for the motorhome. The agreement
listed the defendant as the renter of the motorhome and stated that
Elkin Montoya was another authorized driver.
Blanks asked the driver about his trip in the motorhome. The
driver told him that he was coming from Florida and was going to
Chicago to visit his girlfriend. Blanks then asked the driver how
many people were present in the motorhome. According to Blanks,
the driver answered, "his friend, his friend's wife, his girlfriend
and two other friends." Blanks said the driver spoke in somewhat
broken English with a heavy accent. However, Blanks testified that
he did not have any difficulty understanding what the driver said.
Blanks then requested the canine unit. Blanks said his suspicions
were aroused when the driver said he was going to visit his
girlfriend and then mentioned that his girlfriend was located in
the motorhome. Also, the trooper observed a child's bicycle
strapped to the back of the motorhome, but the driver said only
adults were present in the motorhome.
Blanks testified that the driver asked him if it was that cold
all over Illinois. Blanks told him "yes," and the trooper then
completed a written warning. Blanks returned the driver's
documents and told him that the citation was just a warning. The
trooper said the warning ticket would not cost the driver anything.
The driver responded with "thank you" and started to leave. Blanks
said to hold on because he had to give the driver a copy of the
warning. Blanks testified that he then asked the driver for
consent to search the vehicle for alcohol, weapons and drugs. The
driver looked at him with a surprised expression. Blanks asked one
more time. This time, the driver said, "yeah." Blanks did not
recall the driver using any body language when he gave the
response. Blanks then told the driver that he could wait in his
vehicle if he wished and said that a canine unit was on the way.
The driver said "okay" and went back to the motorhome. About
fifteen minutes later, the driver came back to Blanks' car and
asked the trooper if there was a problem. Blanks told him there
was no problem. The trooper said that the canine unit had been
delayed but would be there shortly. The driver again walked back
to the motorhome.
Officer Anna Segura arrived in the canine unit at
approximately 7:38 a.m. She was delayed because she had to respond
to another request for assistance. Prior to Segura's arrival, two
more squad cars arrived to assist. Blanks testified that it was
about 40 minutes from the time the driver consented to the search
of the vehicle to the time the canine unit arrived.
Segura and Blanks walked up to the passenger side of the
motorhome, and the driver opened the door. Blanks testified that
he advised the occupants of the motorhome that the driver had given
a consent to search the vehicle. Blanks asked if there was any
problem with a search. No one voiced an objection, and all six of
the individuals in the vehicle left the motorhome. The people were
told to sit in the squad cars so they could keep warm. Segura took
her dog into the motorhome. Several minutes later, she came out
and said that she found what appeared to be cocaine. Consequently,
the six occupants of the motorhome were placed under arrest.
During a subsequent search, the officers discovered 13 large black
garbage bags filled with bricks of white powder. The powder was
tested and found to be over 1,000 pounds of cocaine with a street
value of approximately $63 million.
The defendant testified that the driver was her boyfriend.
She stated that she was sleeping in the motorhome. She said she
did not hear Blanks say he had a consent to search the vehicle or
ask if there was any problem. She testified that she speaks
English well. However, she testified that she never heard the
driver speak English. Armando Manrique, one of the occupants of
the motorhome, testified that the driver cannot speak or understand
English. Manrique said that he tried to coach the driver how to
ask if they could leave during the time they were waiting. The
driver forgot what he was supposed to say and just asked if there
was a problem.
The driver testified through an interpreter that he was 22
years old. He was born in Columbia and had been in the United
States for 11 or 12 months. He said that he did not speak or
understand English. He admitted taking some English classes in
Columbia and Miami. However, he said that he could only understand
a few small words and did not understand Blanks when he asked if he
could search the motorhome. He testified that he used the word
"ya" when "he was indicating that I could leave already, if I can
go. I'm free to go." Surprisingly, the driver testified that if
he had understood Blanks' question, he would have given permission
for the search. The defendant testified that there would have been
"no problem" with a search if the trooper had asked.
Rosa Knapp testified that she is a translator and is fluent in
both English and Spanish. She stated that the Spanish words for
yes are "si" or "ya." However, she stated that "ya" is a slang
expression which can also mean stop or no. She said that a
person's body language, such as holding a hand up, would help tell
the meaning.
Segura and Richard Shannahan, an investigation commander,
testified that they spoke to the driver following his arrest. Both
said they were able to communicate with the driver in English.
After hearing this testimony, the trial court denied the
defendant's motion to suppress the evidence. The judge found the
"search of the vehicle was a valid consent search under Illinois
law."
At the defendant's jury trial, Blanks testified that numerous
garbage bags filled with cocaine were found in almost all of the
storage bins in the motorhome. Other garbage bags filled with
cocaine were located surrounding the bed the defendant had been
sleeping on. These garbage bags were partially covered with
luggage and clothing. Photographs were introduced into evidence
which showed the garbage bags were found all over the motorhome.
Blanks testified that a pager and cellular telephone were recovered
from the defendant.
Both Blanks and Segura testified that they spoke with the
defendant following her arrest. She admitted that she found out
about the cocaine the night before. Up until that point, she
thought the garbage bags contained Christmas presents. Shannahan
testified as an expert in narcotics. He said that it was typical
for several people to be involved in a large shipment of cocaine.
He said that many people are involved to protect the drugs and also
because large vehicles are necessary for transportation. Shannahan
said it was commonplace for drug traffickers to carry pagers and
cellular telephones.
The driver testified that he was the only person responsible
for hiding the cocaine in the motorhome. He said that he was the
only person who drove the motorhome and he had sole possession of
the vehicle when the cocaine was loaded in California. The driver
said he was to deliver the cocaine to Chicago. He did not discuss
the drugs with the defendant, and she did not know the location of
the cocaine in the motorhome.
The defendant testified that she rented the motorhome for the
sole purpose of taking a vacation. She said that she did not know
about the cocaine located in the motorhome. She also said she did
not see any garbage bags. The defendant stated that she was ill
and spent most of the trip sleeping on a bed in the passenger
compartment of the vehicle. She denied telling Blanks that she was
aware of the cocaine the night before the stop. Testimony was
presented that the defendant had steady employment in Miami and a
good reputation for honesty.
After the jury found the defendant guilty, the trial court
imposed a sentence of 60 years' imprisonment. This timely appeal
followed.
ANALYSIS
I. SUPPRESSION OF EVIDENCE
The defendant argues that the trial court should have granted
her motion to suppress because: (1) the driver's consent was not
valid; and (2) the detention of the defendant for over 40 minutes
prior to the search was not reasonable. After carefully
considering the defendant's arguments, we disagree.
A. STANDARD OF REVIEW
The trial court's ultimate determination regarding the
reasonableness of a warrantless search is subject to de novo
review. Ornelas v. United States, 517 U.S. ___, 134 L. Ed. 2d 911,
920, 116 S. Ct. 1657 (1996). However, the trial court's
determination regarding factual matters , including the reasonable
inferences to be drawn from the witnesses' testimony, is entitled
to deference by a reviewing court. People v. Moore, 286 Ill. App.
3d 649, 652, 676 N.E.2d 700, 703 (1997); see also Ornelas, 517 U.S.
___, 134 L. Ed. 2d at 920-21, 116 S. Ct. 1657.
Here, in this case, the facts surrounding the consent and
detention issues were sharply disputed during the hearing on the
motion to suppress evidence. The trial judge resolved the factual
disputes and concluded that the search was a valid consent search.
A reviewing court will not reverse a trial court's factual findings
unless they are manifestly erroneous. Moore, 286 Ill. App. 3d at
652, 676 N.E.2d at 703.
B. CONSENT TO SEARCH
The defendant argues that the driver did not freely and
voluntarily consent to the search of the motorhome. We disagree
with this contention.
A search which is conducted pursuant to consent is one of the
specifically established exceptions to the fourth amendment
requirements of both a warrant and probable cause. People v.
Cardenas, 237 Ill. App. 3d 584, 587, 604 N.E.2d 953, 955 (1992).
A driver of a vehicle has authority to consent to a search of the
vehicle because he has immediate possession and control of the
entire vehicle. United States v. Eldridge, 984 F.2d 943, 948 (8th
Cir. 1993); People v. James, 163 Ill. 2d 302, 314-15, 645 N.E.2d
195, 201-02 (1994). This is true even when the owner of the
vehicle is present and does not object to the search. People v.
Mendoza, 234 Ill. App. 3d 826, 835, 599 N.E.2d 1375, 1381 (1992);
see also Eldridge, 984 F.2d at 948; but cf. Johnson v. State, 905
P.2d 818, 820 (Okla. Crim. App. 1995).
A consent to search is valid under the fourth amendment if it
is voluntary. Ohio v. Robinette, 519 U.S. ___, 136 L. Ed. 2d 347,
355, 117 S. Ct. 417 (1996); Cardenas, 237 Ill. App. 3d at 587, 604
N.E.2d at 955. Voluntariness is a question of fact to be
determined from the totality of the circumstances. Robinette, 519
U.S. ___, 136 L. Ed. 2d at 355, 117 S. Ct. 417; People v. Perez,
288 Ill. App. 3d 1037, 1046, 681 N.E.2d 173, 179 (1997). Consent
is not voluntary where it is the result of official coercion,
intimidation or deception. Perez, 288 Ill. App. 3d at 1046, 681
N.E.2d at 179.
Here, in the instant case, Blanks testified that the driver
followed his instructions, in English, to produce his license and
to come back to the squad car with the vehicle's registration.
Blanks, Segura and Shannahan all testified that they were able to
maintain a conversation with the driver in English. According to
Blanks, the driver said, "yeah," the second time Blanks asked for
consent to search the vehicle for alcohol, weapons or drugs.
Although the driver, the defendant and Manrique testified that the
driver could not understand or speak English, the trial court, in
weighing the evidence, is not required to accept the defense
version when there is contrary evidence presented by the State.
See People v. Locascio, 106 Ill. 2d 529, 537, 478 N.E.2d 1358, 1361
(1985).
In addition, the testimony of the translator did not establish
that the driver meant "no" when he answered Blanks' question. The
translator testified that "ya" means "yes" in Spanish. She also
stated that it can mean "stop or no" when accompanied by
appropriate body language. However, we note that the driver did
not state that he meant to say "no." Nor did the driver testify
that he used any body language when responding to Blanks' question.
Accordingly, based on the record, the trial court could properly
find from the conflicting evidence that the driver understood
Blanks' question and consented to the search.
Moreover, the evidence fails to support the defendant's
contention that any consent was induced by a coercive situation.
The record shows that Blanks was the only police officer present
when the driver consented to the search. We note that the driver
described his conversation with Blanks as "calm." The other
officers did not arrive until after the driver had already
consented to the search. Cf. Cardenas, 237 Ill. App. 3d at 588,
604 N.E.2d at 956 (1992) (consent result of coercive situation
where the defendant's vehicle was surrounded by three state
troopers).
For the reasons stated, we find the record supports the trial
court's determination that the driver's consent to search was valid
and not coerced.
C. DETENTION
The defendant also claims that the evidence should have been
suppressed because she was illegally detained for over 40 minutes
while Blanks was waiting for the canine unit to arrive. Again, we
disagree with the defendant's argument.
The defendant relies on cases which state that a detention
must end once the purpose of the stop has been accomplished. See,
e.g., People v. Arteaga, 274 Ill. App. 3d 781, 783, 655 N.E.2d 290,
291-92 (1995); People v. Koutsakis, 272 Ill. App. 3d 159, 163, 649
N.E.2d 605, 608 (1995). However, these cases are not directly on
point. Here, in this case, consent to a search of the vehicle had
been given by the driver, and Blanks was merely waiting for the
arrival of the canine unit to begin the search.
A consensual search is reasonable only if it is kept within
the scope of the consent. Mendoza, 234 Ill. App. 3d at 836, 599
N.E.2d at 1382 (1992). "A consent to search which is unlimited as
to time and number of searches must be judged under a rule of
reason, that is, whether the search is reasonable." Mendoza, 234
Ill. App. 3d at 836, 599 N.E.2d at 1382; see also 3 W. La Fave,
Search & Seizure, 8.1(c), at 629 (3d ed. 1996). What is
reasonable is a factual determination to be made by the trial court
after considering all the circumstances under which the consent was
executed. Mendoza, 234 Ill. App. 3d at 836, 599 N.E.2d at 1382.
We agree with the trial court that the 40-minute delay in this
case was reasonable. There was a rational explanation for the
delay, the canine unit was held up while it responded to another
request for assistance. Furthermore, Blanks informed the driver on
two occasions that he was waiting for the canine unit so he could
begin the search. The record reveals that neither the driver nor
any of the occupants of the motorhome objected to the delay. See
Perez, 288 Ill. App. 3d at 1045, 681 N.E.2d at 179; People v.
Easley, 288 Ill. App. 3d 487, 492, 680 N.E.2d 776, 780 (1997).
Accordingly, we find no error.
II. SUFFICIENCY OF THE EVIDENCE
The defendant finally argues that she was not proved guilty
beyond a reasonable doubt. When the sufficiency of the evidence is
challenged in a criminal case, the relevant question on appeal is
whether, after viewing the evidence in the light most favorable to
the prosecution, any rational trier of fact could have found the
essential elements of the offense beyond a reasonable doubt.
People v. Collins, 106 Ill. 2d 237, 261, 478 N.E.2d 267, 277
(1985). Determinations regarding the credibility of the witnesses,
the weight to be given to their testimony and the reasonable
inferences to be drawn from the evidence are the responsibility of
the trier of fact. People v. Steidl, 142 Ill. 2d 204, 226, 568
N.E.2d 837, 845 (1991).
In order to convict a defendant of the offense of controlled
substance trafficking, the State must prove the defendant: (1)
knowingly brought or caused to be brought into this State; (2) for
the purpose of delivery; (3) or with the intent to deliver; (4) a
controlled substance. People v. Frieberg, 147 Ill. 2d 326, 346,
589 N.E.2d 508, 517 (1992); People v. Amaya, 255 Ill. App. 3d 967,
970, 627 N.E.2d 753, 756 (1994). The element of knowledge is
rarely susceptible of direct proof. People v. Nwosu, 289 Ill. App.
3d 487, 494, 683 N.E.2d 148, 153 (1997). Knowledge may be
established by evidence of acts, declarations or conduct that
supports the inference that the defendant knew of the existence and
location of the controlled substance. Nwosu, 289 Ill. App. 3d at
494, 683 N.E.2d at 153.
Based upon the Collins standard, we conclude that the evidence
presented was sufficient to prove the elements of the offense
beyond a reasonable doubt. The record shows that the state
troopers found 13 large black garbage bags filled with bricks of
cocaine which were located throughout the motorhome. The defendant
rented the motorhome in Florida. The driver testified that the
cocaine was loaded in the motorhome in California and was to be
delivered to Chicago. Blanks and Segura testified that the
defendant told them that she became aware of the cocaine the night
before the seizure of the drugs. Clearly, the jury could find the
defendant guilty based upon this record even though the defendant
and the driver testified at trial that she did not know about the
cocaine.
For the reasons stated, the judgment of the circuit court of
Henry County is affirmed.
Affirmed.
LYTTON, P.J., and HOLDRIDGE, J., concur.
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