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People v. Marino

OPINION FILED JANUARY 22, 1980.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JOSEPH MARINO, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Du Page County; the Hon. HELEN C. KINNEY, Judge, presiding.

MR. JUSTICE LINDBERG DELIVERED THE OPINION OF THE COURT:

Rehearing denied February 27, 1980.

Defendant, Joseph Marino, was found guilty by a Du Page County jury of the offenses of burglary (Ill. Rev. Stat. 1975, ch. 38, par. 19-1(a)) and possession of burglary tools (Ill. Rev. Stat. 1975, ch. 38, par. 19-2). He was sentenced to serve a term of 6 to 18 years' imprisonment. On appeal, defendant contends: (1) that the trial court erred in denying his motion to suppress evidence because the warrantless arrest effected by Chicago police department officers in Wood Dale, Illinois for a crime committed in Wood Dale, was illegal; and (2) that the trial court erred in admitting prejudicial hearsay testimony of a prior offense into evidence. We affirm.

On December 16, 1976, defendant Marino and co-defendant Daniel Wilhite (not a party to this appeal) were arrested by Chicago police department officers in Wood Dale, Illinois, for a burglary occurring in Wood Dale the same day. *fn1 These arrests culminated an intensive, 8-day investigation of both defendants by Chicago police. Wood Dale police played no part in the arrests themselves and did not participate or cooperate in any way with the investigation. No warrants for the arrest of either defendants were issued at any time.

The investigation leading to the defendant's arrest was commenced on December 8, 1976, with the report of a burglary occurring in Chicago on December 3, 1976, in which two suspects fitting the description of Marino and Wilhite were observed leaving the scene. Twelve Chicago policemen were then assigned to conduct covert surveillance of the two during daytime hours.

On December 14, 1976, the police observed defendant drive his car to Wilhite's home in Chicago, pick Wilhite up, and then drive to a building located at 300 North Cedar in Wood Dale. Both defendants were later seen leaving the apartment building located at that address carrying what appeared to be an empty bleach bottle. The two men then drove to another housing complex in the area and then to another one in Bensenville before driving back to Chicago.

On December 16, 1976, a similar series of events transpired, which eventually lead to the arrest of both defendants. Defendant Marino was again observed driving to Wilhite's house, picking him up, and then driving out to the apartment building located at 300 North Cedar in Wood Dale. In the meantime, Chicago police conducting the surveillance of the two entered a nearby apartment to use it as a stake-out. Marino and Wilhite were observed in a basement apartment of the Cedar Avenue building and were arrested outside by Chicago police for burglary. Items seized from defendant during a post-arrest search were later introduced into evidence at trial.

The cases of both defendants were joined for trial. Prior to trial, defendants moved to suppress the evidence obtained in the searches made subsequent to arrest on the ground that the arrests were illegal. The motion was denied after an extensive hearing.

The cases then proceeded to trial, each defendant represented by separate counsel. The State presented evidence demonstrating that defendants had burglarized the apartment located at 300 North Cedar. *fn2 Defendants contended that no burglary had occurred and that the Chicago police officers fabricated a case against them through "over-zealousness." On cross-examination of one of the arresting officers, defense counsel elicited an admission that the officer had not prepared a police report in regard to the burglary committed on December 16, 1976. The defense apparently intended to show that the absence of properly prepared police reports was some evidence of fabrication by those officers. Over the objection of the prosecutor, defense counsel for both defendants were allowed to question the officer regarding the procedures used to investigate the defendants prior to December 16, 1976. Counsel also inquired into the surveillance employed by the officers on December 14, 1976.

Over the objection of both defense counsel, the officer was allowed to testify on redirect examination that the investigation of the two defendants was commenced as a result of a report of an attempt burglary occurring in Chicago on December 3, 1976, in which two suspects fitting the descriptions of both defendants were seen leaving the area. Also admitted into evidence was a copy of a police report pertaining to this burglary. At the conclusion of the testimony, defendants each moved for a mistrial. The trial court granted the motion as to Wilhite, ruling that the testimony of the officer was prejudicial to the defendant and not invited by his counsel, but rather by Marino's defense attorney. Defendant Marino's motion was denied.

At the conclusion of the testimony, the jury returned a verdict of guilty on both charges. This appeal followed.

I.

Defendant first contends that the arresting officers, all of whom were members of the Chicago police department, had no authority to make a warrantless arrest in Du Page County for a crime committed in a town of that county; thus, defendant concludes, the arrest was illegal and his motion to suppress the evidence obtained as fruits of the unlawful arrest should have been granted by the trial court. In response, the State argues that the arresting officers did not lose their official authority to act as "peace officers" merely because defendant was arrested outside the confines of their territorial jurisdiction. Alternatively, the State argues that the arrest was valid as an arrest by private persons pursuant to section 107-3 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1975, ch. 38, par. 107-3).

• 1 We have little hesitation in holding that the Chicago police officers lacked official authority to arrest defendant in Du Page County under the circumstances presented in the case at bar. At common law, municipal and county police officers generally had no power to make warrantless arrests outside the territorial limits of the political entity which appointed them to their office. (E.g., Kindred v. Stitt (1869), 51 Ill. 401, People v. Clark (1977), 46 Ill. App.3d 240, 360 N.E.2d 1160; see generally, 5 Am.Jur.2d Arrest § 50 (1962).) A well-established exception to this rule is that a local police official has the power to make a warrantless arrest of a suspected felon outside his territorial jurisdiction where the offender fled from the jurisdiction with the officer following in fresh pursuit. (People v. Clark; see generally 5 Am.Jur.2d Arrest, § 51 (1962).) However, this exception is clearly not applicable to the case at bar, because the burglary was not committed in the City of Chicago and defendants were not attempting to flee the jurisdiction of the arresting officers.

• 2 The common law rule regarding the authority of police officers to arrest outside the limits of their jurisdiction has been modified in at least one important respect by statute. Under section 7-4-7 of the Municipal Code of 1961 (Ill. Rev. Stat. 1977, ch. 24, par. 7-4-7), a police district is composed of the territory "which is embraced within the corporate limits of adjoining municipalities within any county" in the State. Pursuant to the authority conferred by section 7-4-8 of the Code (Ill. Rev. Stat. 1977, ch. 24, par. 7-4-8), the police of any municipality in a police district may enter any part of the district "to suppress a riot, to preserve the peace, and to protect the lives, rights, and property of citizens." These sections have long been construed as extending the power of local police into adjoining ...


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