People v. Galan

SUPREME COURT CASES

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People v. Galan

State: Illinois

Docket No: 103845 Rel

Case Date: 07/24/2008

Preview:Docket No. 103845.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JESSE GALAN, Appellee. Opinion filed July 24, 2008.

JUSTICE GARMAN delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Fitzgerald and Karmeier concurred in the judgment and opinion. Justice Burke specially concurred, with opinion. Justices Freeman dissented, with opinion, joined by Justice Kilbride.

OPINION In November 2001, defendant, Jesse Galan, was indicted for possession with intent to deliver 900 or more grams of cocaine and more than 5000 grams of cannabis. The evidence against him was suppressed by the circuit court of Cook County and the State filed a "Certificate of Substantial Impairment" and brought an interlocutory appeal pursuant to Supreme Court Rule 604(a)(1) (210 Ill. 2d R. 604(a)(1)). The appellate court affirmed. 367 Ill. App. 3d 876. After its petition for rehearing was denied, the State filed and was granted

leave to appeal to this court pursuant to Supreme Court Rule 315 (210 Ill. 2d R. 315). There are two issues in this case: first, whether Illinois courts must inquire into extradition irregularities for crimes committed within Illinois' borders; and, second, whether exclusion is the appropriate remedy when Illinois police violate a postarrest provision of another state's fresh pursuit statute. We reverse. BACKGROUND On October 11, 2001, defendant drove his truck onto the Chicago Skyway, entering the Skyway from an Illinois on-ramp. After continuing onto a tollbooth 0.8 miles into Indiana, defendant was stopped by several Chicago police officers. Defendant's vehicle was searched, and police recovered two boxes filled with marijuana. Defendant was arrested and taken to his mother's house at 8521 South Burley Avenue in Chicago, where he sometimes resided. Police conducted a search of the house in the presence of defendant and his mother and stepfather, eventually recovering two pistols, approximately $10,000 in cash, and cocaine. A probable cause hearing was held and defendant was eventually indicted by a Cook County grand jury, as indicated above. Prior to trial, defendant filed a motion to quash arrest and suppress evidence. The motion was filed on July 23, 2002, and requested the trial court to "[q]uash [defendant's] arrest, because of the absence of authority of probable cause to effect it, and to suppress from introduction into evidence in this cause, the following: (a) Physical evidence discovered and as a result of arrest and detention; (b) Statements, utterances, reports of gestures and responses by petitioner during the detention following the arrest[ ] i.e. oral statements of defendant[;] (c) All other knowledge and fruits thereof, witnesses statements, whether written, or oral or gestural and products of the arrest." Defendant asserted that during his arrest and subsequent detention, the State "became aware of the existence of physical evidence all the direct and indirect fruits of the arrest and detention, which connect petitioner with the instant offense." The trial court conducted an evidentiary hearing on September 17, 2003.

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Defendant testified that he was driving his truck toward Indiana when he was stopped at the tollbooth, past the "mile 1" marker located in Indiana. He stated that several men dressed in plain clothes, who it soon became apparent were Chicago police officers, approached him at the tollbooth with guns drawn and ordered him out of his truck, placed him in handcuffs, and forced him onto the ground. Defendant testified that he did not give the men permission to search his truck. Defendant acknowledged that when the truck was searched, police recovered two boxes of marijuana and told him he was under arrest. Defendant testified that the police then took him back to his mother's house in Illinois. He stated that he occasionally resided at his mother's house and had come from that address when he was stopped at the tollbooth. Defendant testified that officers knocked on the door of his mother's house and asked him if they could search the house. Defendant testified that he told the officers they could not search the house. He also testified, though, that his mother eventually opened the door and, upon learning that the police had "busted [defendant] with some marijuana," agreed, after being asked, to allow the officers to search the home. Defendant maintained that while he later signed a consent to search, he only did so after officers threatened to arrest his mother and stepfather. Defendant acknowledged that in searching the house, police found other contraband. He asserted, however, that this contraband was found before he signed the consent to search. On cross-examination, defendant testified that after he was removed from his truck by the police, the officers moved him away from traffic and told him he was under arrest. Defendant stated that at this point officers began searching his truck and found the two boxes containing marijuana in the truck's backseat. Defendant testified that the officers eventually informed him that he was in trouble and they were planning to take him back to the house he had come from, which he understood to be his mother's house. Following this testimony, defendant answered several more questions regarding the circumstances surrounding the search of his mother's home. The State called Officer Brian Luce, one of the Chicago police officers involved in arresting defendant. Luce testified that he was part of the Chicago police department's narcotics and gangs investigation section. Luce stated that after obtaining information from a -3-

confidential informant, police became interested in defendant. This informant indicated that defendant lived at 8521 South Burley Avenue and 9735 Avenue M in Chicago. Moreover, the informant stated that defendant was storing, selling, and manufacturing large quantities of marijuana. Based on this information, the Chicago police department began an investigation, in which Luce took part. Luce testified that on October 11, 2001, he was conducting surveillance on the Avenue M address as part of the ongoing investigation. Luce indicated that other officers were conducting surveillance on the Burley Avenue address. Luce observed defendant and another individual, Jose Mojica, leave the Avenue M address and drive to the Burley Avenue address in defendant's truck. Luce saw defendant and Mojica get out of the truck and enter the house at 8521 South Burley. At this point, Luce picked a surveillance spot around the block while another officer set up surveillance on the front door. Luce then received a radio communication from the other officer that defendant and Mojica, who was carrying a white bag, left the house, got back in the truck, and headed back to the Avenue M address. Luce followed the men back to the Avenue M address and observed Mojica, still carrying the white bag, exit the truck and get into a Nissan Maxima by himself. At this point, part of the surveillance team, including Luce, followed the Nissan, while another part of the surveillance team remained at the Avenue M address. Eventually, a marked police car pulled Mojica over and Luce was informed by radio that Mojica did not have a valid driver's license and was going to be taken to a police station for a traffic violator bond. Luce further testified that the beige Maxima was taken to the police station, where a custodial search was performed and the white bag, the same bag that was observed going into the car, was found to contain a large amount of currency. After being informed that Mojica was in custody and a large amount of currency was found, Luce was told to go back to Avenue M and continue surveillance. Luce observed defendant again leave the Avenue M address and return to the Burley Avenue address. Luce testified that another officer saw defendant enter the house and then exit, carrying a brown box. Luce testified that the other officer told him that while taking the box to his truck, defendant was looking up and down the street. Defendant then repeated this action, entering the -4-

house, leaving with a second brown box, and taking it to his truck, nervously looking up and down the street. Luce stated that after defendant entered the truck he pulled away, only to stop approximately 50 to 100 feet from the Burley Avenue address and look up and down the street, watching the cars as they passed. Luce, who was then following defendant, had to drive by in his unmarked vehicle. In driving by, Luce observed defendant looking out his driver's side window in several different directions. Luce testified that based upon his experience as a Chicago police officer, defendant's actions constituted countersurveillance or tactics used to see if police are in the area. After driving by defendant, Luce drove around the block and was informed over the radio that defendant made an illegal U-turn, crossing two lanes. Luce was eventually able to reposition himself behind defendant's truck. Luce testified that officers continued "moving surveillance" and observed defendant travel from Burley Avenue to Indianapolis Boulevard and then onto 106th Street, where he veered from the far left to the far right lane, without signaling, across three or four lanes of traffic, traveling to the Skyway on-ramp. Luce stated that defendant's "erratic move from the left [lane] all the way to the right [lane]" led police to believe that their surveillance was compromised. Again, Luce and other officers believed that defendant's conduct indicated that he was either trying to get away or utilizing countersurveillance tactics to see if he was being followed. At that point, Luce and the other officers agreed to stop defendant's vehicle to investigate. Luce testified that officers stopped defendant's truck "right at the tollbooth" and quickly ran up to the car with guns drawn. Once it was safe, the officers holstered their guns. Luce stated that when he approached the vehicle and opened the passenger door, he smelled a strong odor of cannabis. Luce testified that he had smelled this odor before while carrying out his duties as a Chicago police officer and it was not easily confused with any other smell. Luce testified that officers asked defendant what was in the boxes and he answered that it was "weed," a street term for cannabis, and asked if he was in trouble. Moreover, defendant stated that he believed there was 20 pounds of cannabis in the boxes. Luce stated that officers then took defendant out of the truck, pulled it to the side of the highway, and -5-

began talking to defendant. During that conversation, officers told defendant what they had seen that day, informed him that he was under arrest, and advised him of his rights. After reading defendant his rights, Luce continued speaking with defendant, informing him of the ongoing investigation, noting that they had found the cannabis and indicating that they wished to search defendant's home. Officers then brought defendant back to the Burley Avenue address and, Luce testified, defendant agreed to sign a consent-to-search form. Luce testified that he did not physically threaten defendant or act abusive toward him and defendant simply signed the form in the presence of another officer. Luce further testified that he signed the consent-to-search form. Moreover, he stated that the form was signed before the house was searched. Luce testified that defendant was cooperative, appeared to be nervous, and wanted to work with police. Luce testified that officers then conducted a search of the residence, in the presence of defendant's mother and stepfather. As already noted, they recovered two pistols, approximately $10,000 in cash, and cocaine. Additionally, Luce testified that police found an envelope addressed to defendant at 8521 South Burley Avenue. Moreover, Luce stated that he did not make any threats to defendant regarding his parents, nor did he threaten defendant's parents with arrest in order to gain more cooperation from defendant. Before the State finished its questioning, Luce testified to one last matter regarding Mojica. Luce testified that he was informed by other officers that when Mojica was stopped and police found him in possession of around $80,000, Mojica lied regarding its origins. Mojica stated that the money was brought to him at a location that officers, based upon their surveillance, knew not to be true. Luce testified, as he had previously, that officers observed Mojica retrieve a white bag from the Burley Avenue address, take that bag to the Avenue M address, exit defendant's truck with the bag, and then get into the Nissan Maxima with the bag. Surveillance never lost sight of the vehicle or Mojica, and when Mojica was stopped, the bag containing the currency was recovered. On cross-examination, Luce acknowledged that the informant police relied upon in this case was unknown to him. Additionally, Luce did not know and his report did not indicate that the informant -6-

ever saw narcotics inside 8521 South Burley Avenue. Moreover, Luce did not know if the informant, described as a confidential informant, had ever been used in prior cases and Luce's report did not indicate that the informant was reliable. Luce testified, though, that surveillance was set up based upon the information from this informant. Luce acknowledged that no one saw where the bag containing currency came from or who gave it to Mojica, merely that Mojica came out of the South Burley Avenue address carrying it. Additionally, Luce admitted that neither he nor any other officers could see through the bag. Moreover, Luce testified that when Mojica was stopped while driving the Nissan Maxima, he was stopped not for any traffic violation or the commission of any crime, but because officers believed that he had something to do with their narcotics surveillance. Essentially, Mojica was stopped solely to see if there were drugs in the bag. While money was eventually found, no narcotics were found in the car, nor was it known, at the time of the stop, that Mojica was operating the car without a valid driver's license. Additionally, Luce testified that Mojica never told officers that there were narcotics inside the Burley Avenue address, never told officers that he got the money from the Burley Avenue address or from defendant, and never told officers that the money constituted the proceeds of narcotics. Luce testified further on cross-examination that he could not see what was in the boxes defendant brought from 8521 South Burley Avenue to his truck. Moreover, Luce acknowledged that defendant's activity of pulling his truck over and looking in his mirrors could be construed as normal activity. Regarding the eventual stop of defendant at the tollbooth, Luce stated that while he believed it occurred in Illinois, he was not certain and it could have been in Indiana. He also stated that the stop was not carried out to give defendant a traffic ticket but was actually carried out because of Luce's belief that surveillance was compromised and officers were conducting a drug investigation. Luce testified that while he could smell cannabis when he approached defendant's truck, he did not actually see the cannabis until he opened the boxes inside the truck. Luce testified that the boxes were opened without obtaining defendant's consent. Moreover, -7-

Luce stated that before he opened the boxes, and even before he read defendant his rights, he asked defendant what was inside. Luce also testified, though, that before asking defendant what was in the boxes he told defendant that the police were pulling him over because they believed that a narcotics transaction occurred. On cross-examination, the defense asked several questions and Luce testified extensively regarding the eventual search of the Burley Avenue address. This testimony was unaltered from Luce's testimony regarding the home search on direct examination. Luce stated that officers brought defendant back to the Burley Avenue address, explained the consent-to-search form to defendant, one of the officers read the form to defendant, Officer Luce filled out the form, and then defendant signed it. Luce testified that he and the officers did not immediately knock on the front door of 8521 South Burley Avenue upon arriving, instead waiting until after defendant had already signed the consent-to-search form. The parties stipulated to the testimony of another officer who took part in the investigation. Detective Schnoor would have testified that he saw the boxes that were eventually found to contain cannabis being taken out of 8521 South Burley Avenue one at a time by defendant. Moreover, he would have testified that in taking those boxes out defendant looked up and down the street, conduct which he believed indicative of people transporting narcotics. It was also stipulated, however, that this type of behavior could be seen in law-abiding citizens as well. On October 1, 2003, the motion to quash and suppress came up for argument. Before argument was heard, though, the parties additionally stipulated that private investigator Joe Carone would testify he photographed the tollbooth where defendant was arrested, which was 0.8 miles from the Illinois border, inside Indiana. Defendant argued not only that the arrest at the tollbooth was improper, but also that defendant's later consent to search was involuntarily given. Defendant contended, while arguing before the trial court, that "[i]f the initial stop is bad everything that happens after that stop is bad, including the consent form, the alleged smell and the stop in the other state, all of that falls." The State, by contrast, argued that the anonymous tip, the suspicious driving between two houses multiple times in one day, the fact that $80,000 dollars was recovered from -8-

Mojica, and defendant's conduct which officers believed to be countersurveillance, taken together, amounted to probable cause. Considering these arguments, and after making specific factual findings, the trial court agreed with the State that officers had probable cause to arrest defendant and denied defendant's motion. On October 28, 2003, defendant filed another motion to suppress, this time specifically referring only to the evidence seized as a result of the search at defendant's residence at 8521 South Burley Avenue. No hearing was held on this motion. The motion was again presented, however, on March 8, 2004, in tandem with defendant's motion to vacate the trial court's earlier denial of defendant's motion to suppress evidence. The March 8 motion, presented in a single document, asked the trial court to enter orders: "A. Vacating the order entered October 01, 2003, denying the defendant's motion to suppress; B. Holding an evidentiary hearing on the defendant's motion to suppress the items seized from his home on October 11; C. Granting the motion to suppress the items seized from the defendant's home at 8521 South Burley, Chicago, Illinois on October 11, 2001." On June 8, 2004, the trial court heard argument regarding defendant's March 8 motion to vacate and motion to suppress. Defendant asserted that the original motion to suppress, filed on July 23, 2002, and denied by the trial court on October 1, 2003, "concerned itself only solely and exclusively with the search of the car and [defendant's] arrest and probable cause for his arrest. It did not concern itself in any way with the search *** later that day of defendant's home." Defendant contended that the issue of the search at defendant's home had never been litigated or ruled upon. Defendant acknowledged, though, that the trial court previously denied the motion to quash and suppress with respect to the search of defendant's car and his arrest. Supporting the new motion, defendant asserted that the arrest was illegal because it took place in Indiana. Defendant asserted that pursuant to Indiana statutory law, after Chicago police officers arrested defendant, they were required to take defendant before a judge of the Indiana county in which the arrest was made for a bond hearing. Ind. Code Ann.

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