{
  "id": 3648394,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ALLEN FENTON, Defendant-Appellee",
  "name_abbreviation": "People v. Fenton",
  "decision_date": "1987-04-06",
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ALLEN FENTON, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "JUSTICE STOUDER\ndelivered the opinion of the court:\nThe People of the State of Illinois appeal from a judgment of the circuit court of Hancock County in favor of the defendant, Allen C. Fenton. The court granted Fenton\u2019s motion to suppress evidence, that being the arresting officer\u2019s identification of Fenton as the driver of an automobile alleged to have been in violation of the Illinois Vehicle Code (111. Rev. Stat. 1985, ch. 95V2, par. 1 \u2014 101 et seq.).\nThe parties filed an agreed statement of the facts, but the defendant did not file a brief. On December 26, 1985, Hamilton police officer Walter Sellens observed Fenton\u2019s vehicle approaching the Keokuk-Hamilton Bridge in Hancock County at an excessive rate of speed. His determination was based on the use of hand-held radar and his experience as a police officer. Officer Sellens activated his emergency lights and initiated pursuit of the Fenton vehicle. The officer was unable to stop the vehicle in Illinois and continued his pursuit into Iowa. The officer was successful in stopping the vehicle approximately three blocks after exiting the bridge in Iowa. Fenton exited his vehicle at the same time the officer exited the squad car. The officer notified Fenton that he was driving in excess of the speed limit and to pick up his traffic citation at city hall in Hamilton, Illinois. This is the only point in time at which the officer was able to identify Fenton as the driver of the vehicle. The officer and Fenton talked a few seconds and Fenton was permitted to leave.\nFenton filed a motion to suppress the officer\u2019s identification on the grounds that \u201cwhen the defendant was stopped and informed that he would be issued a citation, he was in the State of Iowa at approximately 5th and Maine Street[s] in Keokuk, Iowa, and that such stop was illegal and beyond the jurisdiction of the Illinois peace officers.\u201d The trial court granted the motion to suppress and this appeal follows.\nOur determination regarding the validity of the trial court\u2019s ruling involves the examination of three issues and how they interact with one another. First, we must determine the status of an Illinois police officer once he leaves his jurisdiction to enter another State. Second, we must decide whether the detention of Fenton constituted an arrest or investigatory stop and whether that detention was legal. And third, we must examine the applicability of the fourth amendment safeguards, in the context of Fenton\u2019s motion to suppress, and whether they dictate an exclusion of the officer\u2019s identification.\nInitially, as this court has stated previously, Illinois police officers have no authority to arrest persons in the State of Iowa except by the authority granted to them under the Uniform Fresh Pursuit Law of Iowa. (People v. Jacobs (1979), 67 Ill. App. 3d 447, 385 N.E.2d 137.) Furthermore, and both parties agree, Iowa\u2019s fresh pursuit statute (Iowa Code sec. 806.1 (1976)), appears to apply only to the fresh pursuit and arrest of felons. Under Iowa law, an officer who seeks to make an arrest without a warrant, outside his own territory, must be treated as a private person. (State v. O\u2019Kelly (Iowa 1973), 211 N.W.2d 589 (Omaha officers arresting individual in Iowa).) Therefore, any actions performed by the officer in Iowa would be those of a private person, and not those of one acting under authority as a police officer.\nOur next inquiry is whether the momentary stop of Fenton in Iowa was an arrest or investigatory stop. On this point, we affirm the determination of the trial court that the action did not amount to an arrest, only an investigatory stop. Section 804.5 of the Iowa Code defines arrest as \u201cthe taking of a person into custody when and in the manner authorized by law, including restraint of the person or his or her submission to custody.\u201d (Iowa Code sec. 804.5 (1976).) The determination whether an arrest has occurred and whether that arrest is legal is to be judged by the law of the jurisdiction where the intrusion on the defendant\u2019s liberty occurs. (See People v. Wolfbrandt (1984), 127 Ill. App. 3d 836, 469 N.E.2d 305; People v. Jacobs (1979), 67 Ill. App. 3d 447, 385 N.E.2d 137.) Under the applicable Iowa law, we conclude that no arrest occurred in Iowa by virtue of the stop.\nWhat we have distilled from the facts and circumstances of this case is a situation where a private citizen has effectuated an investigatory stop in the State of Iowa. The question remains whether a private person is proscribed from making noncustodial inquiries of another private person. We have not been able to find any cases dealing directly with that point, but we have determined that the question must be answered in the affirmative.\nNoncustodial inquiries, or Terry stops, have been viewed solely as a police function. It cannot be forgotten that when Terry v. Ohio (1968), 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868, was first decided, a major factor in the court\u2019s determination was the weight given the officer\u2019s prior experience in his profession. Private citizens do not possess that same expertise and ability to detect criminal activity, nor do we believe that the privilege extended to police officers under Terry should be passed on to the public at large. To initiate a citizen\u2019s version of a noncustodial inquiry would create a plethora of problems that, as yet, are only speculative. Under this analysis, we can only conclude that the officer\u2019s noncustodial inquiry of Fenton was unlawful.\nIn view of our decision that neither a legal warrantless arrest nor a legal Terry stop was conducted by the officer while in Iowa, the evidence that was obtained by the officer as a result of that conduct, Le., Ms identification of Fenton as the driver of the vehicle, was proper subject matter for Fenton\u2019s motion to suppress. The trial court was correct in its ruling.\nTherefore the judgment of the circrnt court of Hancock County is affirmed.\nAffirmed.\nBARRY, P.J., and WOMBACHER, J., concur.",
        "type": "majority",
        "author": "JUSTICE STOUDER"
      }
    ],
    "attorneys": [
      "Samuel Naylor VI, State\u2019s Attorney, of Carthage (Howard R. Wertz, of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People.",
      "Stephen B. Morris, of Hamilton, for appellee."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ALLEN FENTON, Defendant-Appellee.\nThird District\nNo. 3\u201486\u20140479\nOpinion filed April 6, 1987.\nSamuel Naylor VI, State\u2019s Attorney, of Carthage (Howard R. Wertz, of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People.\nStephen B. Morris, of Hamilton, for appellee."
  },
  "file_name": "0152-01",
  "first_page_order": 174,
  "last_page_order": 177
}