Rehearing denied January 25, 2018
from the Circuit Court of Cook County, Nos. 13-MC2-002513,
YB-035582, YB-035583, YW-176395, YW-176396; the Hon. Jeffrey
L. Warnick, Judge, presiding.
Michael J. Pelletier, Patricia Mysza, and Roxanna A. Mason,
of State Appellate Defender's Office, of Chicago, for
Kimberly M. Foxx, State's Attorney, of Chicago (Alan J.
Spellberg, Christine Cook, and Leonore Carlson, Assistant
State's Attorneys, of counsel), for the People.
JUSTICE HYMAN delivered the judgment of the court, with
opinion. Presiding Justice Neville and Justice Pucinski
concurred in the judgment and opinion.
1 Ladina Sykes and her two children were leaving a beach in
Evanston when their car struck a wall in the parking lot.
Paramedics took Sykes to Evanston Hospital, where she was
arrested for driving under the influence of alcohol. Sykes
was deemed mentally unable to provide consent, so when she
refused to provide a doctor-ordered urine sample, a nurse
catheterized her while several people, including two Evanston
police officers, held her down because she was being
physically uncooperative. Sykes was released from the
hospital into police custody and charged with child
endangerment, damage to property, and driving under the
influence of alcohol. Sykes made a demand for trial. Several
months later, after receiving the results of the urine test,
which was positive for cannabis and phencyclidine (PCP), the
State added two additional charges: driving under the
influence of drugs and driving under the influence of
2 Before trial, Sykes moved to suppress the results of the
urine test, arguing the forcible catheterization was an
unlawful search. The trial court denied the motion, finding
the Evanston police officers' participation in the
procedure was not an illegal search. The court also denied
her motion to dismiss the DUI-cannabis counts on speedy-trial
grounds, finding the new charges were not statutorily
mandated to be joined with the original charges, as the State
had no knowledge of them until receiving the urine test
results. After a bench trial, Sykes was found guilty of child
endangerment and driving under the influence of cannabis and
sentenced to 18 months court supervision.
3 Sykes contends her conviction should be vacated because (i)
the police violated her fourth amendment rights by holding
her down while a nurse forcibly catheterized her and (ii) the
State violated her right to a speedy trial by failing to
bring her to trial on the DUI-cannabis charge within 160 days
of her demand for trial.
4 We affirm. Although the better practice would have been for
the police officers to refrain from restraining Sykes during
the forced catheterization, their conduct did not transform
the medical procedure, ordered and conducted by private
actors, into state action. Further, Sykes's right to a
speedy trial was not violated. The State was not required to
join the DUI-cannabis charge with the original charges, as it
did not know of the positive urine test until it received the
results several months after Sykes's trial demand.
6 On the evening of August 19, 2013, Sykes and two of her
children were swimming at a beach in Evanston. At about 10
p.m., the family left the beach and went to the parking lot.
A few minutes later, a bystander saw Sykes's car drive
into a wall. He found her unconscious, removed the key from
the ignition, and called 911. When Evanston paramedics and
police arrived, Sykes was conscious and had no visible
injuries. Her speech was slurred, and she told a paramedic
she drank some alcohol. Evanston police officer Michael Pratt
spoke to Sykes and smelled a slight odor of alcohol. He did
not see any alcohol bottles or drugs on Sykes or in her car.
7 The paramedics took Sykes to Evanston Hospital, where a
triage nurse assessed her condition. She was stable and had
no complaints but was deemed to have an altered mental state
because, even though she was alert and oriented as to person
and place, she did not know the date or time of day. Officer
Pratt told hospital staff he suspected Sykes was under the
influence of something. Pratt was standing outside
Sykes's room when he heard her tell the nurse she had one
alcoholic drink that evening. He went in her room and asked
her if she had been drinking. She told Pratt she had not been
drinking or taking any drugs. Pratt arrested her for driving
under the influence based on the odor of alcohol, slurred
speech, bloodshot eyes, and overall demeanor. Pratt asked
Sykes to provide blood and urine samples, and she declined.
He did not ask hospital staff to obtain samples for him.
8 Dr. Patel examined Sykes and ordered a CT scan and blood
and urine tests to determine why Sykes was in an altered
mental state and to decide on a proper course of treatment.
The urine test, in particular, would determine if she had
drugs in her system. Colleen Costello, the supervising nurse,
asked Sykes for a urine sample. Sykes refused. Costello then
decided to catheterize her. Costello said patients can refuse
treatment unless, like Sykes, they have an altered mental
state. When Costello began the catheter procedure, Sykes was
combative, swinging her arms, kicking her legs, and moving
her hips to resist catheterization. She also tried to get out
of the bed. Costello called for assistance, and about nine
people responded, including Evanston police officers Pratt
and Magnas, who had been standing outside the room. Pratt and
Magnas stood at the head of the bed and held Sykes down by
her shoulders. Once Sykes was restrained, Costello extracted
the urine with a catheter. Afterward, Officer Pratt left the
hospital and returned to the police station; Officer Magnas
stayed with Sykes.
9 The blood and urine tests were sent to the hospital lab.
Sykes's blood test showed she was well within the legal
limit for alcohol, and her urine test was presumptively
positive for cannabis and PCP, a reading later verified by a
lab in Minnesota. Costello told Sykes about her test results.
A police officer was ...