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People v. Bond

Court of Appeals of Illinois, First District, Second Division

November 15, 2016

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant,
v.
KEVIN BOND, Defendant-Appellee.

         Appeal from the Circuit Court of Cook County No. 14 C6 60390 Honorable Tommy Brewer, Judge Presiding.

          PIERCE JUSTICE delivered the judgment of the court, with opinion. Presiding Justice Hyman and Justice Neville concurred in the judgment and opinion.

          OPINION

          PIERCE JUSTICE

         ¶ 1 The State appeals from the trial court's order granting defendant Kevin Bond's motion to quash his arrest and suppress evidence. The State argues that the trial court improperly granted defendant's motion to quash the arrest and suppress evidence because a Blue Island police officer had the authority to exercise his police power in the city of Chicago after allegedly observing defendant illegally parked in the roadway in violation of Illinois statute.

         ¶ 2 BACKGROUND

         ¶ 3 Defendant was arrested and charged with three counts of driving under the influence (DUI). Prior to trial, defendant filed a motion to quash arrest and suppress evidence arguing that the arresting officer, a Blue Island policeman, lacked the authority to arrest him in Chicago. Defendant did not challenge any other aspects of his arrest. The following testimony was heard at a hearing on the motion.

         ¶ 4 Defendant testified that at approximately 2:45 a.m. on March 15, 2014, he was sitting in the driver's seat of his vehicle and was parked at 119th Street and Longwood in Chicago. Defendant explained that 119th Street is the dividing line between Chicago and Blue Island. The north side of 119th Street is Chicago and the south side is Blue Island. Defendant was sending text messages on his phone when a Blue Island police officer approached him. He testified that he was not breaking any law at the time and had not been drinking that night.

         ¶ 5 Officer Chickerillo of the Blue Island police department testified that on March 15, 2014, at or around 2:45 a.m., he was on routine patrol on the Blue Island side of 119th Street when he observed defendant's vehicle stopped just over the white line at a stop sign, so that his car was partially in the westbound lane of 119th Street. According to Officer Chickerillo, he observed this "parking violation" from the Blue Island side of 119th Street. Officer Chickerillo explained that no parking is allowed on 119th Street, so based on the location of the vehicle, it was improperly parked on the roadway. Officer Chickerillo did not contact the Chicago police to inform them that defendant's car was illegally parked.

         ¶ 6 Officer Chickerillo continued his patrol and about 10 minutes later observed defendant's vehicle still in the same position. Concerned that defendant needed directions, he pulled his patrol car up next to defendant's car on the Chicago side of 119th Street. When he pulled up next to defendant's car, he observed that defendant had his eyes closed and his head tilted back against the headrest and appeared to be sleeping. Officer Chickerillo then pulled behind defendant's vehicle and noticed that defendant's brake lights were on. Officer Chickerillo testified that he then called Blue Island police for backup because he thought defendant's car might be in drive. He walked up to the driver's side window and observed that the vehicle was in drive. He then waited at the driver's side window for additional units to arrive. During the time Officer Chickerillo waited for additional units to arrive, defendant did not open his eyes or move.

         ¶ 7 Officer Chickerillo and Sergeant Haro knocked on the windows of the vehicle in an attempt to wake defendant. After a minute of knocking, defendant woke up and appeared to be disoriented and confused. Although the officers told defendant to put his car in park three times, defendant turned the car off while it was still in drive. Officer Chickerillo then told defendant to get out of the car. Defendant rolled down the window instead. At that time, Officer Chickerillo noticed a strong smell of alcohol coming from the vehicle. Officer Chickerillo then reached inside the vehicle's window and manually unlocked and opened the driver's side door. Defendant exited the vehicle upon request but stumbled from his car across the street. Defendant's speech was slurred. Officer Chickerillo retrieved defendant from across the street, and, while physically holding him up, walked him back to his vehicle. Officer Chickerillo could smell alcohol on defendant's breath.

         ¶ 8 Defendant was too disoriented to respond to Officer Chickerillo's request for his identification. After patting defendant down, Officer Chickerillo found defendant's driver's license in his wallet and conducted a Law Enforcement Agencies Data System (LEADS) inquiry that showed defendant's license was suspended. Defendant was then arrested for driving with a suspended license. Officer Chickerillo identified defendant in open court.

         ¶ 9 Officer Chickerillo testified that he could not see what defendant was doing in his vehicle until he crossed over into Chicago and pulled up alongside defendant's vehicle. The officer testified that defendant's vehicle was not impeding traffic where it was stopped, there was no warrant for defendant's arrest, and none of the events involving defendant's arrest occurred in Blue Island. He further testified that he could have contacted the Blue Island police department and had them contact the Chicago police department.

         ¶ 10 After hearing the testimony and argument from both parties and the State's subsequent motion to reconsider, the trial court granted defendant's motion to quash arrest and suppress evidence stating that Officer Chickerillo did not have a legal basis for conducting the initial investigation because the officer only observed defendant commit a parking violation. The court found sections 7-4-7 and 7-4-8 of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/7-4-7, 7-4-8 (West 2014)) to be in conflict with section 107-4(a-3)(2) of the Code of Criminal Procedure of 1963 (Code of Criminal Procedure) (725 ILCS 5/107-4(a-3)(2) (West 2014)) because "using the language from 107-4" the officer was required to "see him do a misdemeanor or felony in order to be able to act." The court stated that illegal parking was not a misdemeanor, so illegal parking would not trigger jurisdiction under section 107-4(a-3)(2).

         ¶ 11 The State filed a certificate of substantial impairment (see Ill. S.Ct. R. 604(a)(1) (eff. Dec. 11, ...


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