APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
538 N.E.2d 781, 182 Ill. App. 3d 362, 131 Ill. Dec. 406 1989.IL.672
Appeal from the Circuit Court of Winnebago County; the Hon. John E. Sype, Judge, presiding.
JUSTICE McLAREN delivered the opinion of the court. DUNN and LINDBERG, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCLAREN
Cornelius Murphy was stabbed to death on the evening of March 23, 1987. Collins was known to be Murphy's friend. On March 24, 1987, Collins received a phone call from a police officer. The officer asked Collins to come down to the police station and answer some questions. Collins arrived at the station and spoke with the police in the lobby. Collins was not informed of his Miranda rights. Collins made an exculpatory statement and left the station.
The next day, March 25, Collins was again contacted by the police. Police detectives went to defendant's home at approximately 11 a.m. Collins' roommate answered the door and informed the officers that defendant was sleeping. She went upstairs and woke the defendant. The officers asked Collins if he would come to the police station to answer some questions and be fingerprinted. Collins agreed to accompany the officers to the station. Collins rode with the officers in a police car. Collins was never frisked or handcuffed by the officers.
Collins arrived at the station at approximately 11:15 a.m. Collins agreed to be fingerprinted and photographed and was then escorted to an interview room. Collins was advised of his Miranda rights at approximately 11:40 a.m. and orally waived them. Collins repeated the exculpatory statement he had given the previous day, stating he was not at the victim's home on March 23.
At approximately 1:15 p.m., the detectives stepped out of the interview room to speak with another officer. The detectives were informed that defendant's fingerprint matched one found at the scene of the crime. The detectives informed Collins of this fact. Collins then admitted that he had been at the victim's home and stated that Ben Glover stabbed the victim. Defendant's first written statement was prepared, and Collins signed it at approximately 5:30 p.m. At 6 p.m., the officers provided defendant with some pizza and soft drinks.
At approximately 6 p.m., the two detectives met with other officers who had interviewed other witnesses, including Ben Glover. The detectives were informed that Ben Glover stated that Collins stabbed the victim. Collins was again advised of his rights, and he signed a waiver form. The officers then informed Collins that Glover had indicated that it was Collins who stabbed the victim. Collins then admitted that he did in fact stab the victim. A second statement was prepared and Collins signed it at approximately 8:15 p.m. On several occasions throughout the questioning, Collins left the interview room, unaccompanied by police, to use the rest room down the hall.
The case proceeded to trial as a stipulated bench trial. Defendant made motions to quash the arrest and to suppress any evidence obtained pursuant to this arrest. These motions were denied. The court found that the defendant was not under arrest until after his first written statement and before his second and, therefore, the evidence was properly obtained and admitted. Defendant was convicted of murder and sentenced to 20 years' imprisonment.
Defendant contends on appeal that he was subjected to an illegal arrest. Specifically, defendant argues that he was arrested without a warrant and in the absence of probable cause. Therefore, any evidence derived thereafter is tainted and should have been suppressed. Defendant's arguments on appeal regarding the motions to suppress are premised on the fact that an illegal arrest took place. Therefore, the issue on appeal is focused on the trial court's findings regarding defendant's arrest and surrounding circumstances.
Defendant alleges that he was subjected to a custodial detention that was indistinguishable from a traditional arrest. Defendant also argues that this arrest did not take place after his first statement but occurred sometime prior to the statement in the absence of probable cause. Defendant does not state specifically when he believes the arrest took place.
A trial court's ruling on a motion to quash an arrest and suppress evidence will not be overturned unless it is manifestly erroneous. (People v. Stoica (1987), 163 Ill. App. 3d 660, 668.) An arrest occurs when a person is actually restrained or submits to police custody. (People v. Scarpelli (1980), 82 Ill. App. 3d 689, 694, citing People v. Ruffolo (1978), 64 Ill. App. 3d 151, 156; see also Ill. Rev. Stat. 1987, ch. 38, par. 107-5.) An arrest is a seizure, and a seizure occurs within the meaning of the fourth amendment only when a reasonable person, innocent of any crime and in view of all the circumstances surrounding the incident, would believe that he was under arrest or not free to leave. (People v. Longoria (1983), 117 Ill. App. 3d 241, 248-49, citing United States v. Mendenhall (1980), 446 U.S. 544, 554, 64 L. Ed. 2d 497, 509, 100 S. Ct. 1870, 1877.) In the absence of a threatening presence of officers, display of a weapon, a physical touching, or use of language or tone of voice which indicates compliance with the officer's request might be compelled, a seizure has not taken place. (People v. Sanders (1981), 103 Ill. App. 3d 700, 709.) The officer's intent and the understanding of the arrestee are two essential elements in the definition of arrest. ...