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08/17/87 the People of the State of v. Walter White

August 17, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE

v.

WALTER WHITE, APPELLANT



SUPREME COURT OF ILLINOIS

512 N.E.2d 677, 117 Ill. 2d 194, 111 Ill. Dec. 288 1987.IL.1192

Appeal from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook County, the Hon. R. Eugene Pincham, Judge, presiding.

APPELLATE Judges:

CHIEF JUSTICE CLARK delivered the opinion of the court. JUSTICE SIMON, Concurring.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE CLARK

On September 6, 1982, the defendant, together with three other persons, was charged by indictment in the circuit court of Cook County with the offenses of murder, armed violence, and conspiracy (Ill. Rev. Stat. 1981, ch. 38, pars. 9-1(a)(1), 9-1(a)(2), 33A-2, 8-2). Thereafter, defendant filed a motion to suppress several statements he made while in custody on the basis that these statements were obtained in violation of his fifth, sixth, and fourteenth amendment rights. During the hearing on this motion the defendant filed a second motion which requested that his arrest be quashed and his statements suppressed on the basis that these statements were obtained in violation of his fourth and fourteenth amendment rights. More specifically, the defendant's second motion contended that he was illegally arrested in his home without a warrant, in violation of Payton v. New York (1980), 445 U.S. 573, 63 L. Ed. 2d 639, 100 S. Ct. 1371. Although the trial court denied the defendant's first motion to suppress, finding that the defendant's incustody statements were voluntarily given, it sustained the defendant's second motion, suppressing the statements as the product of an unlawful arrest.

The State appealed this decision to the appellate court. Apparently because of a clerical error in the Cook County public defender's office, the defendant filed no brief in the matter. In an unpublished order the appellate court reversed (132 Ill. App. 3d 1162), holding that exigent circumstances justified the warrantless arrest of the defendant. The court went on to hold that, even in the absence of exigent circumstances, the defendant's warrantless arrest was not precluded by Payton because it did not occur in his home. We granted the defendant's petition for leave to appeal (103 Ill. 2d R. 315(a)).

On August 12, 1982, Charles Dickens was shot to death at 905 South Pulaski Avenue in Chicago. Approximately 10 to 15 minutes later, four to five blocks away, Lonell Copeland was killed in the 3800 block of West Roosevelt Road. Two alleged eyewitnesses to these killings, James Smith and Wilbur Johnson, talked to certain Chicago police officers sometime thereafter and implicated the defendant. The record does not reveal whether both Smith and Johnson, or either of them, witnessed both killings. Both Smith and Johnson were later indicted with the defendant.

On August 19, 1982, Detectives James Antanocci and Allen Jaglowski were assigned to investigate the Dickens and Copeland killings. Learning from police reports that the defendant was implicated in the killings, they began to search for him. Over the next several days the detectives canvassed several different addresses found in the defendant's criminal history, Chicago Housing Authority records, public aid records, State driver's license records, and police reports. At no time during their investigation did they seek a warrant for his arrest.

On August 19 they went to 624 North Albany Street, an address listed as the defendant's home in one of the police reports. When they arrived at this address they found it to be a building which had suffered fire damage and was apparently unoccupied. Failing to find the defendant at this address, they then went to 700 North Harding Street, listed in the police reports as the address of the defendant's sister. They were again unsuccessful in finding the defendant. On the next day, August 20, they went to 2236 South Federal Street, a Chicago Housing Authority project building. The detectives derived this address from the defendant's prior criminal history. Upon arrival they learned that the defendant was no longer residing there but that apartment 408 had previously been rented to Edna Mae White, the defendant's wife. The detectives then investigated two other addresses, 4436 West 19th Street and 3130 West Flournoy Street, which had been listed as the defendant's addresses on his application for a driver's license and in his prior criminal history, respectively. According to the defendant, 4336 West 19th Street was the site of his mother-in-law's home. The detectives were unable to find the defendant at either location. However, persons at the Flourney Street address informed them that the defendant's mother lived at 13161 South Corliss Street. Both detectives then went off duty and did not resume their investigation until August 23.

The record reveals, and the trial court found, that the defendant was actually staying during this time at the home of his oldest brother, Michael Jerome Loving. According to the defendant, he had been living with his wife at the Federal Street address until sometime during the summer of 1982. He ceased living there after his wife left him and went to California. Thereafter he stayed "off and on," with his brother, his sister, and his mother. On August 23, he had been staying with his brother for approximately seven days. The defendant's brother and sister-in-law, Vivian Loving, both testified to the same effect. So far as the record reveals, the defendant had no permanent address at that time. Vivian Loving testified that she did not know where the defendant "normally" lived, that he was "just staying" with the Lovings, and that their house was not his "home." The defendant's mother, Desiree White, testified that the defendant's "normal" address was on Federal Street, but that he was "staying with" his brother on August 23. She also stated that, as of August 23, he had no "permanent" address.

The defendant was not receiving mail at his brother's apartment, and his name was not on the bell. The record does not reveal whether he kept any or all of his clothes and possessions at his brother's apartment, or whether he was given a separate room of his own. The record also does not reveal whether his brother had placed any time limit upon the defendant's stay at the brother's apartment, or whether the defendant himself planned to leave at any definite time in the future.

On August 23, Detectives Antanocci and Jaglowski, together with Detective McNamon, resumed their search for the defendant. They went to 13161 South Corliss Street and spoke with the defendant's mother, Desiree White. She told them that she was aware that the defendant was wanted by the police. She went on to say that she had spoken with the defendant the night before. She had informed the defendant that the police were looking for him. According to his mother, the defendant had replied that he did not commit the offenses and that he was going to surrender to the police. The defendant's mother then told the detectives that the defendant could be found at Michael Loving's home at 10951 South Michigan Avenue. She agreed to accompany them to Loving's apartment in an attempt to find the defendant.

The building at 10951 South Michigan Avenue is a two-story building with a storefront on the first floor and two apartments on the second floor. The Loving family occupied the apartment in the rear of the building, away from the street. To reach the Loving apartment one would have to pass through two doors, one opening on the sidewalk, and a second at the top of a flight of stairs. Between the two doors there was a hallway and the single flight of steps. Both doors were normally kept locked. Visitors rang a bell at the outside door, but there was no intercom. The outside door was opaque, with a mail-slot at the bottom. At the rear of the apartment was a porch, which could be reached from the rear bedroom. While normally an outside stairway led from the backyard to the porch, it had been partially removed for repairs.

Desiree White and the three detectives arrived at 10951 South Michigan Avenue at approximately 9:30 a.m. on the morning of August 23. While White rang the bell, Detectives Antanocci and McNamon stood behind her. Michael Loving and his family were eating breakfast. When he heard the bell ring, Loving descended the stairs to the first floor. When he heard his mother call out: "It is me, Michael," he opened the door. As he opened it, the two detectives stepped around White and entered the hallway. They did not ask permission to enter or announce their purpose. They also did not draw their guns. White then asked Loving if the defendant was there. Loving, feeling that "something wasn't right," at first denied that the defendant was present. When White asked again, Loving admitted the defendant's presence. The two detectives then went up the stairs to Loving's apartment. Loving followed them up and pushed past them while they were on the stairs. At no time during these events did he give them permission to enter.

The two officers reached the top of the stairs and entered the kitchen area of the Loving apartment. They then started for the Loving children's bedroom. As they were about to enter the bedroom, Loving called out: "Wait a minute." The two officers then drew their guns. Vivian Loving told them: "You ain't got to do that, my kids is in here." The defendant then stepped out of the children's bedroom and into the kitchen area.

While these events were taking place, Detective Jaglowski had gone to the rear of the building where a rear exit from Loving's apartment opened onto a rear porch area which connected the apartment to the ground via a "fairly well-broken down staircase." While Jaglowski was standing in the alley behind Loving's apartment, he observed the defendant walk out of the rear door and across the porch. The defendant then made eye contact with Jaglowski, turned around and went back towards the rear door. Jaglowski called out to his fellow officers that the defendant was attempting to escape and also called to the defendant: "Stop! Police!" Defendant reentered Loving's apartment. Jaglowski then made his way up the staircase, drew his gun, and knocked on the rear door. According to Jaglowski, one of the defendant's relatives unlocked the rear door and let him enter. Jaglowski then went through the rear bedroom. He holstered his gun when he saw the defendant speaking with the other detectives and the defendant's mother, who had followed them up the stairs.

The defendant talked with the detectives and his mother for several minutes. His mother urged him to go with the officers and tell them the truth. The defendant agreed to go with the officers. Before he left he removed some jewelry he was wearing and handed it to his brother. The defendant was not placed in handcuffs during the ride with his mother to the police station.

The defendant arrived at the station at approximately noon on August 23. He was separated from his mother and placed in a small interrogation room, without a clock or windows.

The defendant was first interrogated by Detectives Antanocci and McNamon. According to Antanocci, McNamon advised the defendant of his constitutional rights and received assurances from the defendant that he understood those rights. The defendant was then questioned about the killings. Antanocci testified that neither of the detectives threatened or beat the defendant in any way during the time that they were interviewing him.

At approximately 5 p.m. on August 24, 1982, the defendant was interviewed by Detectives Gary Bulava and James Hanrahan. According to Bulava, these two detectives gave the defendant his Miranda rights and again the defendant indicated that he understood them. During the one-hour interview the defendant confessed his participation in the killings. Detective Bulava also testified that he and ...


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