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People v. Owen

July 18, 2001

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE
v.
JAMES W. OWEN, DEFENDANT-APPELLANT



Appeal from the Circuit Court of Effingham County. No. 00-DT-18 Honorable Richard H. Brummer, Judge, presiding

The opinion of the court was delivered by: Justice Hopkins

UNPUBLISHED

James W. Owen (defendant) appeals from the trial court's denial of his motion to rescind a statutory summary suspension (625 ILCS 5/2-118.1 (West 2000)) entered in conjunction with charges of driving under the influence of alcohol and drugs (625 ILCS 5/11-501(a)(4) (West 2000)). On appeal, defendant argues that the trial court erred in denying his motion to rescind the statutory summary suspension, because the arresting officer was outside of his jurisdiction at the time of the arrest and the officer failed to notify the law enforcement officials in the county of the arrest. We affirm.

I. FACTS

The facts are not disputed. On January 27, 2000, Officer Robert Rich of the Effingham County sheriff's office was on patrol on Route 45, close to the county line between Effingham County and Shelby County. Officer Rich spotted defendant driving south in Effingham County and used his radar detection gun to clock defendant traveling 67 miles per hour in a 55-mile-per-hour speed zone. Officer Rich turned his vehicle around to attempt to stop defendant for speeding. Officer Rich waited to activate his emergency lights until defendant went around a curve in the road. As defendant was negotiating the curve, Officer Rich noticed defendant's car run off the right side of the road and then maneuver back onto the road. The officer activated his emergency lights, and defendant pulled over. By the time Officer Rich caught up with defendant, they were in Shelby County.

Officer Rich walked to defendant's car and asked defendant for his driver's license and registration. As Officer Rich was talking to defendant, he noticed that defendant smelled of alcohol. When the officer asked defendant if he had been drinking, defendant admitted that he had one beer. Defendant agreed to exit his vehicle and perform a field sobriety test.

When defendant got out of his car, Officer Rich noticed a plastic bag sticking out of defendant's pants at the waist. Defendant admitted that the bag contained "crystal meth." Officer Rich placed defendant under arrest and transported defendant and his passenger back to Effingham County to process the arrest.

After arriving at the Effingham County correctional facility, Officer Rich asked defendant to submit to a field sobriety test, but defendant refused. Officer Rich then read the warning to motorists that advised defendant of his rights and liabilities when taking or refusing tests for blood alcohol content. Defendant refused to submit to blood testing. Officer Rich issued defendant tickets for possession of cannabis in the amount of 10 to 30 grams, possession of a controlled substance, possession of drug paraphernalia, driving under the influence of drugs and alcohol (DUI), speeding, and illegal transportation of alcohol. Officer Rich wrote the tickets as if defendant were arrested in Effingham County rather than in Shelby County. At no time did Officer Rich notify Shelby County law enforcement officials of the arrest of defendant in Shelby County.

Defendant filed several motions attacking his arrest, all of which were based upon Officer Rich's failure to notify the Shelby County authorities of his arrest. All of those motions were denied. Defendant appeals from the denial of his motion to rescind his statutory summary suspension of his driving privileges.

II. ANALYSIS

The statutory provision that controls this case is section 107-4 of the Code of Criminal Procedure of 1963, which provides, in pertinent part, as follows:

"Arrest by peace officer from other jurisdiction.

(a) As used in this Section:

(4) "Law enforcement agency" means a municipal police department or county ...


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