{ "id": 5412145, "name": "The People of the State of Illinois, Plaintiff-Appellant, v. Jay A. Adkins, Defendant-Appellee", "name_abbreviation": "People v. Adkins", "decision_date": "1975-05-05", "docket_number": "No. 74-154", "first_page": "342", "last_page": "344", "citations": [ { "type": "official", "cite": "28 Ill. App. 3d 342" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "41 Ill.2d 25", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2854150 ], "opinion_index": 0, "case_paths": [ "/ill-2d/41/0025-01" ] }, { "cite": "17 Ill.2d 513", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5335036 ], "opinion_index": 0, "case_paths": [ "/ill-2d/17/0513-01" ] }, { "cite": "389 U.S. 347", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11339173 ], "weight": 3, "pin_cites": [ { "page": "357" } ], "opinion_index": 0, "case_paths": [ "/us/389/0347-01" ] }, { "cite": "413 U.S. 266", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11340163 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/us/413/0266-01" ] } ], "analysis": { "cardinality": 354, "char_count": 5134, "ocr_confidence": 0.762, "pagerank": { "raw": 8.318300516634998e-08, "percentile": 0.480122007113156 }, "sha256": "b80fcd051a0059e0e3f2fdce4266a39d431edf95ad24a99f34c3f9237baa5b3b", "simhash": "1:6ccf70c4b4e21918", "word_count": 899 }, "last_updated": "2023-07-14T21:36:05.902616+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "The People of the State of Illinois, Plaintiff-Appellant, v. Jay A. Adkins, Defendant-Appellee." ], "opinions": [ { "text": "Mr. JUSTICE GEORGE J. MORAN\ndelivered the opinion of the court:\nThis is an appeal by the State of Illinois from an order of the trial court of St. Clair County allowing defendant\u2019s motion to suppress certain evidence found during a search of defendant\u2019s car.\nDefendant testified that he had been to a homecoming at Millstadt, Illinois, with a person by the name of John Kirby. He had been eating and drinking at the homecoming and when they left there Kirby was driving defendant\u2019s, car. The next thing he remembered after leaving the homecoming was two police officers pulling him out of the car. He had been lying on the front seat. They demanded his keys to the glove compartment and lie gave the keys to them over his protest. After they searched the car he was taken to jail.\nCurt Agne testified that he had been a deputy sheriff of St. Clair County for 3% years. On September 3, 1973, he and another deputy by the name of Jerem\u00edas were in the vicinity of the \u201cCat and The Fiddle\u201d parking lot near Route 13 and Filer Road. They saw a car sitting on the parking lot with someone hammering on the left front fender. He stated that this seemed suspicious to them so when they went over to find out what was going on, Jerem\u00edas started talking to Kirby, glanced inside the car, and saw Adldns lying on the front seat. At the same time he glanced over and saw two marijuana cigarettes in the center ashtray of the car. He knew they were marijuana because \u201cit was twisted at both ends. I smelled them and it smelled to be marijuana.\u201d Adkins appeared to be passed out and when they awakened him he was very incoherent.\nJerem\u00edas asked him to get out of the car and when he did, Jerem\u00edas searched him for weapons. They reached into the car and checked under the seats. When Jerem\u00edas started to check the glove box, Adkins said, \u201cWait a minute.\u201d He then got in the car, opened the glove box and handed Jerem\u00edas a bag of marijuana and a bag containing three yellow pills. At this time Agne was standing on the right front side of the car keeping Kirby under observation. He said he then checked the drivers side and Jerem\u00edas checked the passenger side.\nOn cross-examination Agne said he did not see anything illegal about the way the car was parked and when Kirby was asked what he was doing, he said he had an accident and he was trying to straighten out the fender. He said that the door to the defendant\u2019s car was open and the light was on.\nAt the end of the hearing the trial court allowed the motion to suppress, saying that \u201ca search made incident to an arrest is reasonable only where probable cause exists for the arrest. An arrest cannot be justified by what is found during the search.\u201d\nThe fourth amendment to the Constitution of the United States provides:\n\u201cThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.\u201d\nA warrantless search of private property is per se unreasonable under the fourth amendment unless within one of the few specifically established and well-defined exceptions. Almeida-Sanchez v. United States, 413 U.S. 266, 37 L.Ed.2d 596, 93 S.Ct. 2535; Katz v. United States, 389 U.S. 347, 357, 19 L.Ed.2d 576, 88 S.Ct. 507.\n' One of the exceptions to the warrant requirement is the seizure of evidence within \u201cplain view.\u201d If there were two marijuana cigarettes in the ash tray of the car and if they were in plain view and if Officer Agne. was able to recognize them as marijuana cigarettes from where he was standing, then it would appear that the officer would have probable cause to place the defendant under arrest and search the car.\nHowever, it is apparent that the trial court did not believe that Officer Agne saw two marijuana cigarettes in the ash tray of the car. The cigarettes, if they were there, were never introduced into evidence, as were the items found in the glove compartment of defendant\u2019s car. The trial court apparently believed that either the two marijuana cigarettes were not in the ash tray as Agne testified, or that if they were there, Agne was not in a position to see and recognize them as marijuana cigarettes from the position he was standing in.\nThe evidence in this case was in conflict. A question of credibility arose which was for the trial court\u2019s resolution. The trial judge\u2019s conclusion based on this evidence was not clearly unreasonable and its finding should therefore be sustained. People v. Peterson, 17 Ill.2d 513; People v. Haskell, 41 Ill.2d 25.\nFor the foregoing reasons, the judgment of the circuit court of St. Clair County is affirmed.\nJudgment affirmed.\nEBERSPACHER and CARTER, JJ,, concur.", "type": "majority", "author": "Mr. JUSTICE GEORGE J. MORAN" } ], "attorneys": [ "Robert H. Rice, State\u2019s Attorney, of Belleville (Robert L. Craig, Assistant State\u2019s Attorney, of counsel), for the People.", "No brief filed for appellee." ], "corrections": "", "head_matter": "The People of the State of Illinois, Plaintiff-Appellant, v. Jay A. Adkins, Defendant-Appellee.\n(No. 74-154;\nFifth District\nMay 5, 1975.\nRobert H. Rice, State\u2019s Attorney, of Belleville (Robert L. Craig, Assistant State\u2019s Attorney, of counsel), for the People.\nNo brief filed for appellee." }, "file_name": "0342-01", "first_page_order": 366, "last_page_order": 368 }