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People v. Morquecho

Case Date: 04/02/2004
Court: 2nd District Appellate
Docket No: 2-02-1182 Rel  

No. 2--02--1182

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE
OF ILLINOIS,

          Plaintiff-Appellant

v.

CHARLIE MORQUECHO,

          Defendant-Appellee.

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)		 Appeal from the Circuit Court
of Kendall County.


No. 01--CF--225
       01--TR--1181-82

Honorable
Leonard J. Wojtecki,
Judge, Presiding.

JUSTICE McLAREN delivered the opinion of the court:

The State appeals from the trial court's order granting the motion of defendant, CharlieMorquecho to quash arrest and suppress evidence. We affirm.

Defendant was charged with one count each of unlawful possession with intent to deliver acontrolled substance (720 ILCS 570/401(a)(2)(A) (West 2000)), unlawful delivery of a controlledsubstance (720 ILCS 570/401(c)(2) (West 2000)), and unlawful possession of a controlled substance(720 ILCS 570/402(a)(2)(A) (West 2000)). The trial court granted defendant's motion to quasharrest and suppress evidence and subsequently denied the State's motion to reconsider. The Statethen filed a notice of appeal and a certificate of impairment.

At the hearing on the motion, defendant presented the testimony of Officer Jeff Ackland ofthe Plano police department. Ackland stated that, on the afternoon of August 5, 2001, he wasassisting three Kendall County sheriff's deputies as they made an undercover drug purchase from aman named Antonio Gonzalez. Ackland's role was to detain "any other perp" in Gonzalez's car. Theofficers anticipated that another person would be with Gonzalez, although they did not know whothat person might be. Ackland saw a black Ford Mustang enter the parking lot of the Eagle DollarStore in Plano, where he was waiting in a van with the deputies. He recognized the vehicle asdefendant's car from two prior contacts with defendant. Defendant was in the passenger seat andGonzalez was driving. Ackland believed that Gonzalez got out of the car and entered an undercoverpolice car; defendant did not enter that car. After a few minutes, Ackland received the "arrest signal,"which meant that the drug buy had been made and that he was to detain the passenger. Up to thattime, he had not seen defendant violate any law.

Ackland went to the passenger side of the car with his gun drawn and "asked" defendant toget out of the car. When defendant got out of the car "on his own free will," Ackland placed him onhis stomach and handcuffed him. Ackland had no arrest or search warrant for defendant, nor did hereceive defendant's consent to search his body. Deputy DeCamp patted down defendant and noticeda bulge in defendant's right sock. Inspector Whowell found cocaine in the sock.

Ackland had been a police officer for 2