from the Circuit Court of Champaign County No. 17CF85
Honorable Roger B. Webber, Judge Presiding.
E. Chadd, John M. McCarthy, and Joshua Scanlon, of State
Appellate Defender's Office, of Springfield, for
Rietz, State's Attorney, of Urbana (Patrick Delfino,
David J. Robinson, and James C. Majors, of State's
Attorneys Appellate Prosecutor's Office, of counsel), for
JUSTICE KNECHT delivered the judgment of the court, with
opinion. Justices Steigmann and Harris concurred in the
judgment and opinion.
1 Defendant, Marcus E. Turman, appeals from his conviction
for violating section 3 of the Sex Offender Registration Act
(Act) (730 ILCS 150/3 (West 2016)). On appeal, defendant
argues we should reverse his conviction because the trial
court erred when it denied his motion to suppress evidence.
We disagree and affirm.
2 I. BACKGROUND
3 A. Information
4 In January 2017, the State charged defendant by information
with violating the Act based on his failure to register his
current address with the Urbana Police Department within
three days of establishing his residence or temporary
domicile in Urbana. Id.
5 B. Motion to Suppress
6 In June 2017, defendant filed a motion to suppress
evidence, claiming he was unlawfully seized without
reasonable suspicion. Defendant alleged, on January 17, 2017,
he was seized when Champaign County sheriffs deputies, in a
show of authority, approached, surrounded, and ordered him to
dismount from his bicycle. Defendant further alleged that
seizure occurred without the requisite reasonable,
articulable suspicion to believe he committed or was about to
commit a crime. Defendant requested the trial court suppress
all evidence obtained following his encounter with the
7 C. Suppression Hearing
8 In July 2017, the trial court conducted a hearing on
defendant's motion to suppress. Defendant presented
testimony from a Champaign County sheriffs deputy who was
involved in the January 17, 2017, encounter, Deputy Nicky
Bolt. Defendant also introduced into evidence an aerial map.
The following is gleaned from the evidence presented.
9 On January 17, 2017, at 3:55 p.m., Champaign County sheriff
deputies, including Deputy Bolt, were dispatched to 813
MacArthur Drive in Urbana for a reported armed robbery.
Deputy Bolt believed the armed robbery, a purse-snatching,
occurred in the front yard of the residence located at 813
MacArthur Drive. Deputy Bolt identified the location of the
armed robbery on the aerial map.
10 Dispatch provided a description of the armed robbery
suspect. The suspect was described as a black male,
approximately 5 feet 6 inches tall and of medium build,
wearing blue jeans and a black hooded sweatshirt. Deputy Bolt
testified the "victim" also reported the suspect
left "on foot." Deputy Bolt, along with other
deputies and a canine unit, responded to the neighborhood
where the armed robbery occurred to search for the suspect.
11 Deputy Bolt testified she arrived "at the scene"
at approximately 4:26 p.m. Deputy Bolt, who was inside a
squad car, observed a male, later identified as defendant, on
a bicycle on the corner of Pfeffer Road and California
Avenue. Defendant's location was approximately "a
block, block and a half away from the location where the
armed robbery had occurred. Deputy Bolt identified where
defendant was located on the aerial map. Defendant was
wearing blue jeans, a black jacket, a black hooded
sweatshirt, and a blue hat. Deputy Bolt made an in-court
identification of defendant as the person she observed on the
12 Deputy Bolt testified she decided to approach defendant
because he was (1) "approximately the same size" as
the suspect, (2) "wearing blue jeans, a black jacket[, ]
and a black hooded sweatshirt," and (3) "riding his
bike down Pfeffer [Road]." Deputy Bolt noted that
defendant later reported to be 5 feet 7 inches tall and 125
pounds, which she believed to be accurate based on her
encounter with him.
13 On direct examination, Deputy Bolt testified as follows
concerning her approach and initial interaction with
"Q. Okay. Now, you, at that point, when you saw him, you
told him to get off the bicycle?
A. Yeah. I asked him if he would speak with us.
Q. Okay. He wasn't free to leave at that time?
A. I didn't tell him he wasn't free to leave. I mean-
Q. He had-
A.-that was never ...