Before Rivera walked into the hot dog stand, he saw three men who displayed a gang gesture driving past the stand. Rivera saw that it was defendant riding in the front passenger seat. Witness George Cordova left the video game area of the hot dog stand at about 8 p.m. and sat in a car parked on Cortland Street near California. Cordova saw a blue Monte Carlo pull into the alley behind the hot dog stand. A man got out of the car, approached the hot dog stand, and pointed a long object inside the door.
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION
525 N.E.2d 888, 169 Ill. App. 3d 499, 121 Ill. Dec. 581 1988.IL.562
Appeal from the Circuit Court of Cook County; the Hon. Roger J. Kiley, Jr., Judge, presiding.
JUSTICE FREEMAN delivered the opinion of the court. WHITE, P.J., and McNAMARA, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE FREEMAN
Defendant, Keith Hoddenbach, appeals the trial court's denial of his motion to quash arrest and suppress evidence on the basis that his fourth amendment rights were violated. For the reasons stated below, we affirm the judgment of the trial court.
The evidence of record indicates the following. On December 11, 1984, Santos Martinez was shot to death and Richard Figueroa was shot and wounded in a single shooting incident. On December 19, 1984, defendant was arrested in connection with the shooting. Defendant was charged by indictment with two counts of murder, two counts of attempted murder, six counts of aggravated battery, three counts of armed violence, and one count of conspiracy. After a jury trial, defendant was convicted of the murder of Martinez, the attempted murder of Figueroa, and aggravated battery upon Figueroa. The trial court merged the murder counts into one count and the aggravated battery count into the conviction for attempted murder. The trial court sentenced defendant to consecutive terms of imprisonment of 80 years for murder and 30 years for attempted murder.
Prior to trial defendant filed a motion to quash his arrest. A hearing was held on the motion and the following evidence was adduced. Defendant testified that on December 19, 1984, he lived with his common law wife and their five-year-old daughter on the second floor of a six-flat apartment building at 2250 West Melrose in Chicago. At 11 a.m., defendant heard a knock at the front door. He asked who was there and was informed it was "the janitor." Defendant opened the door, and three police officers, with guns drawn, came into the apartment. The police stated that defendant was under arrest. One officer grabbed defendant's arm, took him into the living room, and stood over him with a gun. Three additional officers then entered the apartment. One officer went into the bedroom and another went into the kitchen. Defendant saw an officer coming out of the bedroom carrying defendant's shotgun. The officer returned to the bedroom in order to get some clothes for defendant to wear.
Chicago police officer John Howe testified that at 4:30 a.m. on December 18, 1984, he arrested Rafael Maldonado in relation to an armed robbery. At that time, Maldonado was also a suspect in the murder of Santos Martinez. At 2:30 a.m. on December 19, 1984, Maldonado gave a statement to police implicating two other individuals in the homicide. Maldonado also described a gun and an automobile that were used in the incident. At 4:30 a.m., Maldonado told police that the two individuals were known by the nicknames "Popeye" and "Forehead." Police then took Maldonado to the Area 6 station, where he identified Pedro Reyes as Forehead and defendant as Popeye, and further identified Reyes and defendant from police photographs. The police and Maldonado had arrived at the Area 6 station at 6:30 a.m. Howe and several other officers and detectives then waited for a uniformed officer from the gang crimes north unit to arrive to accompany them to the locations Maldonado indicated defendant and Reyes could be found. Howe stated that the police attempted to obtain a search warrant, but were told that a Judge would not be available until 10 a.m.
At around 9 a.m., Howe and other officers, along with Maldonado, drove to 2250 West Melrose, where defendant lived, and surveilled the building for approximately 15 to 30 minutes. They did not see defendant or his automobile. The police and Maldonado then drove to the address where Maldonado indicated Reyes could be found, and surveilled that area for approximately 15 minutes. Then they returned to 2250 West Melrose, arriving there at approximately 10 or 10:30 a.m. Maldonado pointed out to the officers the automobile that was used in the homicide. The automobile was owned by defendant and was parked two houses away from the building where defendant lived. Maldonado also pointed out the second-floor window of defendant's apartment.
The police then approached the building, rang a buzzer on the first floor, and were admitted by a man who identified himself as the manager of the building. The police proceeded to defendant's apartment. Howe knocked on the door and defendant answered. Defendant was dressed in his underwear. Howe identified himself and informed defendant that he had been implicated in a murder and was under arrest. Defendant asked if he could get dressed and asked the police to step into the apartment. Howe stated that several pieces of defendant's clothing were on the hallway floor. Defendant sat down and began dressing. Defendant then indicated that there was a jacket in the bedroom that he wanted to wear. Defendant directed Howe to the bedroom to retrieve the jacket. As Howe entered the bedroom, he observed a shotgun which fit Maldonado's description of the gun which was used in the murder. The gun was lying against an open closet door. Howe observed a shotgun shell on top of a dresser in the bedroom. Howe seized the shotgun and shell. Subsequently, defendant was taken to the police station.
Following the arguments of counsel at the hearing, the court denied defendant's motion to quash arrest and suppress evidence. Further, the court found that the police's entry into defendant's apartment was not consensual. The court found, however, that exigent circumstances justified the warrantless arrest.
At trial, evidence was adduced which formed the basis of defendant's conviction. Gloria Becerra, the sister of the murder victim, testified that she last saw Martinez alive at 7 p.m. on December 11, 1984. Eyewitnesses testified that at around 8 p.m. on December 11, 1984, defendant fired gunshots on a group of people inside a hot dog stand at the corner of California and Cortland Streets in Chicago, killing Santos Martinez and wounding Richard Figueroa and ...