Find Legal Information

In this consolidated appeal, the State appeals the trialcourt's granting of defendants' motions to suppress evidence andconfessions and motions to quash arrests. We affirm.

On March 31, 2002, defendants Jason J. Koester, Carrie AnnDavenport, Emily Kay Pearson, Josephine M. Skutt, Erika S. Young,and Annette L. Skutt were charged with consumption of alcohol by aperson under the age of 21 years old. 235 ILCS 5/6--20 (West2000). Defendant Anthony M. Skutt was charged with contributing tothe delinquency of a child. 720 ILCS 130/2a (West 2002). Alldefendants filed motions to quash arrests, suppress evidence, andsuppress confessions.

At the joint evidentiary hearing, Jo Daviess County deputysheriff Byran Purchis testified that he was dispatched to the Skutthome in response to a "911" call wherein the female caller hung upbefore speaking to the police dispatcher. The call came from theSkutt home. When the police dispatcher called the number back, thefemale who answered denied that anyone called "911" and stated thatshe was alone, despite the fact that the dispatcher heard voicesand noise in the background. Purchis received a call from thedispatcher to investigate. The dispatcher also sent two additionalsquad cars as back up. Purchis testified that a hang-up "911" callis treated as an emergency because a concern arises that a victim,perhaps a rape or battery victim, may be prevented from calling orcoerced into denying the call. The voices and noise in thebackground heightened the concern. Purchis used his emergencylights and siren while driving to the Skutt home.

Purchis stated that the Skutt home is located on a quiet,narrow gravel lane. When Purchis arrived at the Skutt home, itlooked as if a party was going on; there were 12 vehicles parkedalong the lane and in the driveway, there were beer cans andglasses outside the home, and many lights were on in the home. TimHeidenrich, an 18-year-old high school student who was doing a"ride along," told Purchis that he recognized some of the cars asbelonging to fellow high school students.

Purchis testified that, when he knocked at the side door ofthe home, defendant Anthony Skutt answered the door. Purchis sawthree men, who appeared to be over the age of 21, sitting at thekitchen table. In response to Purchis's inquiry about the 911call, Anthony first denied that a 911 call had been made and thenexplained that the caller may have been his sister. Anthony toldPurchis that there were only four people in the home. When Purchisasked to enter the home to determine whether everything was okay,Anthony replied that Purchis would need a warrant to enter thehome.

Purchis then called his supervisor, patrol sergeant ColinFulrath, and advised Fulrath of the situation. Fulrath toldPurchis to stand by while Fulrath called the State's Attorney'soffice. About 10 to 15 minutes later, Fulrath arrived at the Skutthome and spoke with the State's Attorney's office. Purchis heardno yelling, screaming, thumping, or gunshots coming from the home. However, Purchis told Fulrath that he believed an emergencysituation existed in the Skutt home. Fulrath returned to his squadcar and spoke with the State's Attorney's office. After the phoneconversation, Fulrath told Purchis that exigent circumstancesexisted and that they could enter the Skutt home without a warrant.

Purchis testified that during the half-hour period from thetime that Purchis first spoke with Anthony until the time Fulrathtold Purchis they did not need a warrant, Anthony stayed outsidethe home in the vicinity of the deputies. Anthony was "verycooperative" and did not give Purchis any problems.

The deputies, now three with the arrival of deputy sheriffTurner, told Anthony that they could enter the home due to exigentcircumstances. Anthony told the deputies that he understood andthen escorted them into the home. Purchis testified that theirpurpose in entering the home was to determine whether police ormedical assistance was needed. However, Purchis stated that hebrought only his portable breath-testing device into the home andnot his first aid kit. The deputies had no idea what type ofemergency situation they might encounter. The deputies did notburst into the house because they did not want to be faced with acivil lawsuit or motion to suppress. That is why they contactedthe State's Attorney's office before entering the house.

Purchis stated that three men were sitting at the kitchentable. In response to Purchis's question, the men indicated thateverything was okay. Anthony escorted Fulrath around the firstfloor of the home while Purchis remained in the kitchen and Turnerchecked the basement. No female subjects were found on the firstfloor or in the basement. Anthony then escorted Fulrath upstairs. After about five minutes, Purchis left the kitchen to join Fulrath. Purchis stated that there were many people near a darkened bedroom. In the bedroom at least seven people were under a twin bed andunder the covers of the bed. The deputies smelled alcohol on thesubjects' breath. Purchis asked the subjects, who were wearingpajamas, if everything was alright. The subjects denied making a911 call. Because no medical emergency existed and the deputiessmelled alcohol on the subjects' breath, the focus of theinvestigation changed. Fulrath escorted the subjects downstairsand asked them again if everything was alright. After determiningthat there was no medical emergency, the deputies asked thesubjects who was under 21 years of age. The deputies told thesubjects that they could be arrested for underage drinking becauseof the odor of alcohol and asked the subjects to submit to breathtests. None of the subjects were placed under arrest at this time.

Fulrath testified that the deputies went to the Skutt home todetermine whether anyone was injured or in need of medicalassistance due to the 911 hang-up call. Fulrath stated that hewent upstairs because he had not found a female downstairs whocould have been the caller. In an upstairs bedroom, Fulrath sawpeople in bed and others lying against the wall, all sleeping orpretending to be asleep, covered with blankets. No one respondedwhen Fulrath shined his flashlight and asked if anyone was injuredor needed help. Fulrath shook some of the subjects to wake themup. When everyone was awake, Fulrath asked them to go downstairs. Fulrath woke two others who were sleeping in another bedroom andasked them to go downstairs. Fulrath explained that he askedeveryone to go downstairs so that he could determine, in betterlighting, whether anybody had been injured and to find out who hadmade the 911 call. Fulrath noticed an odor of alcohol on a coupleof the subjects.

Defendant Annette Skutt testified that she drank 1