{ "id": 4303530, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. CALEB WELLS, Defendant-Appellee", "name_abbreviation": "People v. Wells", "decision_date": "2010-08-06", "docket_number": "No. 1\u201409\u20140792", "first_page": "849", "last_page": "863", "citations": [ { "type": "official", "cite": "403 Ill. App. 3d 849" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "860 N.E.2d 178", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2006, "pin_cites": [ { "page": "209" } ], "opinion_index": 0 }, { "cite": "223 Ill. 2d 187", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3604853 ], "year": 2006, "pin_cites": [ { "page": "228" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/223/0187-01" ] }, { "cite": "467 U.S. 431", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6201711 ], "weight": 3, "year": 1984, "pin_cites": [ { "page": "448" }, { "page": "390" }, { "page": "2511" } ], "opinion_index": 0, "case_paths": [ "/us/467/0431-01" ] }, { "cite": "89 Ill. 2d 522", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5493365 ], "year": 1982, "pin_cites": [ { "page": "528", "parenthetical": "'[t]he basic assumption underlying the \"fruit of the poisonous tree\" doctrine is that the challenged evidence is derived from some violation of a statutory or constitutional right' (emphasis in original)" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/89/0522-01" ] }, { "cite": "163 Ill. 2d 414", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 477692 ], "year": 1994, "pin_cites": [ { "page": "448", "parenthetical": "'[w]hen police conduct results in a violation of constitutional rights, evidence obtained as a result of that violation, and only evidence so obtained, is to be suppressed'" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/163/0414-01" ] }, { "cite": "495 U.S. 14", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 633947 ], "weight": 6, "year": 1990, "pin_cites": [ { "page": "19" }, { "page": "21" }, { "page": "1643" }, { "page": "19" }, { "page": "21" }, { "page": "1643" } ], "opinion_index": 0, "case_paths": [ "/us/495/0014-01" ] }, { "cite": "919 N.E.2d 843", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2009, "pin_cites": [ { "page": "861" }, { "page": "861" } ], "opinion_index": 0 }, { "cite": "235 Ill. 2d 97", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3625076 ], "weight": 2, "year": 2009, "pin_cites": [ { "page": "130" }, { "page": "130" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/235/0097-01" ] }, { "cite": "927 N.E.2d 1179", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2010, "pin_cites": [ { "page": "1186" } ], "opinion_index": 0 }, { "cite": "237 Ill. 2d 81", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3629611 ], "year": 2010, "pin_cites": [ { "page": "92" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/237/0081-01" ] }, { "cite": "371 U.S. 471", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 450611 ], "weight": 6, "year": 1963, "pin_cites": [ { "page": "484-86" }, { "page": "453-54" }, { "page": "415-17" }, { "page": "487-88" }, { "page": "455" }, { "page": "417" } ], "opinion_index": 0, "case_paths": [ "/us/371/0471-01" ] }, { "cite": "650 N.E.2d 1084", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1995, "pin_cites": [ { "page": "1090" } ], "opinion_index": 0 }, { "cite": "272 Ill. 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CALEB WELLS, Defendant-Appellee." ], "opinions": [ { "text": "PRESIDING JUSTICE TOOMIN\ndelivered the opinion of the court:\nThis case calls on us to determine whether the circumstances of a Terry stop engendered sufficient reasonable suspicion of the danger of an attack to warrant a frisk for weapons. Following a hearing on defendant Caleb Wells\u2019 motion to quash arrest and suppress evidence, the trial court granted relief. The State now appeals, contending: (1) the trial court\u2019s factual findings were against the manifest weight of the evidence; (2) the stop and frisk of defendant comported with Terry, (3) the arresting officers had probable cause; and (4) the search of defendant\u2019s vehicle was proper. Defendant did not file a responsive brief. Consequently, we can and do consider the appeal based solely upon the State\u2019s brief and the circuit court record. First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133, 345 N.E.2d 493, 495 (1976). For the reasons that follow, we affirm the order of the circuit court.\nBACKGROUND\nDefendant was charged by indictment with unlawful use of a weapon by a felon and aggravated unlawful use of a weapon by a felon. Prior to trial, counsel moved to quash defendant\u2019s arrest and suppress the evidence derived therefrom. Defendant\u2019s motion asserted the officers arrested him without probable cause. Following an evidentiary hearing on the motion, the trial court granted the motion and suppressed the evidence. In turn, the State filed a certificate of substantial impairment followed by a notice of appeal.\nOfficer Dervisevic was the sole witness to testify at the hearing. According to Dervisevic, at about 2 a.m. on November 7, 2008, he and his partner, Officer Mizones, responded as an assist car to a \u201cdomestic disturbance\u201d at 1301 West Argyle in Chicago. The radio call indicated the victim, Allison Sturgill, complained to the dispatcher her ex-boyfriend was outside of her building, ringing her unit, and \u201cthreatening to kill her over the phone.\u201d Sturgill told other officers she wanted defendant to leave, but did not want to press charges. Upon arrival, Dervisevic observed defendant exiting Sturgill\u2019s apartment. Dervisevic did not speak with Sturgill at any point and was unaware of any additional conversations she had with the other officers. Likewise, the officers did not stop or speak with defendant as he left the building and proceeded on foot west on Argyle. No mention was made that defendant was possibly carrying a gun. After defendant left the area, the officers departed.\nApproximately 10 minutes later, Dervisevic received a second radio call indicating defendant had returned to Sturgill\u2019s apartment; that he was \u201cin front of the building ringing the bell and threatening to call her over the phone.\u201d Once again, there was no indication defendant was armed. When Dervisevic and his partner returned to the area, they saw defendant walking west down Argyle at about 1325 Argyle. Defendant did not have anything in his hands. They stopped their squad car in front of him and exited to conduct a field interview. Defendant cooperated fully with the officers. However, before the officers asked defendant any questions, they \u201cplaced him in cuffs right away for our safety and [patted] him down for weapons.\u201d Officer Der-visevic discovered a handgun in defendant\u2019s left sock near his ankle. Defendant was taken into custody and transported to the 20th District police station. While at the station, defendant claimed the gun belonged to his grandmother.\nAmmunition for the handgun was found in his vehicle, which was parked on the opposite side of Argyle from the encounter. Dervisevic\u2019s tow report indicated defendant\u2019s vehicle was parked at 1348 West Argyle. According to Dervisevic, defendant never gave consent to a search of his vehicle. Once in the station, after Mirandizing the defendant, the officer \u201casked him if he had a car [and] he stated to me that he had a car and he was parked in that block over there.\u201d Der-visevic further explained, \u201cAnd to make sure that prisoner property is safe I went back there to make sure that his car is legally parked which it was not.\u201d Consequently, defendant\u2019s car was cited for parking illegally in a handicapped zone and Dervisevic called for the car to be towed. While awaiting the tow, Dervisevic searched the vehicle and found ammunition for use in the handgun found in defendant\u2019s possession.\nThe State argued that, based on circumstances, the officer had probable cause to conduct a Terry stop and pat defendant down. The State posited that the officer\u2019s actions were warranted given the close temporal proximity of the two incidents, coupled with defendant\u2019s alleged threat to kill Sturgill, as well as the allegation that the officer was in fear. Furthermore, the officer possessed \u201ca reasonably articu-lable suspicion that *** defendant was the individual who had made that threat and he certainly had probable cause to pat him down for his own safety and recover the gun.\u201d\nDefense counsel countered that the officer\u2019s actions were \u201cbackwards,\u201d as defendant was immediately handcuffed and searched. Accordingly, the circumstances presented to the officers were not sufficient to establish probable cause. When the officers arrived, defendant was \u201cwalking, behaving himself.\u201d According to defense counsel, the officers needed some verification of defendant\u2019s identity and the nature of his actions giving rise to Sturgill\u2019s call to police. Consequently, the search of defendant\u2019s person was improper under the circumstances. Furthermore, the defense disagreed that this encounter could be considered a Terry stop or that such a stop and pat down was even warranted, especially where there was never any mention or implication of the presence of a weapon. Counsel argued the search of the car was likewise improper based upon the infirmities of the initial stop.\nFollowing argument, the trial judge announced his findings:\n\u201cWell clearly when he is stopped which was when the officer went back and his liberty is restrained he seems to be that he is under arrest because the officers approached him for a field interview but what the officers did was they put him in handcuffs, that is a pretty strong indication of your liberty being restrained and you are not free to leave. Now no one has articulated, no officer has testified as to what he was under arrest for at that point. He is under at best he would be under arrest I assume for a domestic disturbance. I don\u2019t know what exactly where that crime appears in the statute. As far as I know there is so [sic] such crime as domestic disturbance, that is a police call, that is the way that they notify the officers on the street as to the nature of something.\nBut the officer did not articulate that they placed the man under arrest for aggravated or simple assault or anything else they just basically took him into custody. Once they take him into custody they then search him. And but that search is incident to an arrest that is not based on the defendant actually having committed an actual crime that the officer was aware of.\nSo, the resulting search I believe the proceeds of that search which was done without benefit of any warrant would be and is ordered suppressed. The subsequent later search based on the defendant already being under arrest and then saying he had a car parked out on Argyle whatever was recovered during the search of that search is the fruit of the poisonous tree from the initial illegal arrest so that will be suppressed as well.\u201d\nThereafter, the State sought reconsideration. During the argument on the motion, the State addressed an additional issue concerning the transcript of the prior hearing. Specifically, the State argued the transcript erroneously reflected that in the second radio call Officer Dervisevic received defendant \u201cthreatened to call\u201d the victim. According to the State, the transcript should have read \u201cthreatened to kill.\u201d Additionally, the State contended the officers, in fact, had probable cause to arrest defendant for the offense of telephone harassment. Yet, even if the officers lacked probable cause, they possessed a reasonable, articulable suspicion to stop and frisk defendant based upon the original call, the officer\u2019s response, and the second call concerning defendant\u2019s renewed actions. The State further argued that handcuffing the defendant for the officer\u2019s safety did not convert the encounter into a seizure, given that an individual, under the circumstances, could possess a weapon in light of the nature of the threats to the victim.\nThe trial court denied the motion to reconsider, first rejecting the State\u2019s claim that Dervisevic\u2019s testimony was erroneously transcribed. The judge explained that the answer the officer gave \u201cresonated\u201d with him and the transcript was consistent with his recollection and reaction to the testimony. Additionally, the trial judge discounted the of-fleer's recorded answers on cross-examination where the questions posed referred to a threat to \u201ckill\u201d the victim.\nThe trial judge further noted that there was no testimony to indicate any mention defendant was armed when the officers approached him. Furthermore, the way the officers \u201crolled up on\u201d defendant and immediately handcuffed and searched him led the court to conclude defendant was under arrest at that time. Yet, there was no indication of the basis for the arrest. Instead, not until the hearing on the motion to reconsider did the State offer the explanation that defendant was arrested or subject to arrest for telephonic harassment. In fact, the court observed:\n\u201cI don\u2019t think that the officer was taking him in custody for the telephone harassment or had any idea that maybe \u2014 he had no facts to base that on that it was harassment. He didn\u2019t know any words that were used or whatever but in any event it seemed like it was an arrest.\u201d\nIn the court\u2019s view, while the officer could have engaged defendant in a conversation as a part of a field interview, which defendant could have equally refused, that was not what occurred. Instead, the officer\u2019s actions in patting defendant down, even if it was for the officer\u2019s safety, was not proper without \u201csome articulable facts or reasonable fear that this person might in fact have a weapon and be in danger.\u201d Even if these conditions existed, the officer did not articulate them. In conclusion, the court stated:\n\u201cAnd quite frankly since never was there ever any mention of a weapon, not even in my finding of facts, not even a threat to kill, based on his direct examination, I don\u2019t believe the officer was justified in having an inquiry, in just turning an investigation on the street into something that becomes a search so the motion to reconsider is respectfully denied.\u201d\nThe State then filed a certificate of substantial impairment and a notice of appeal. This appeal followed. As noted, defendant did not appear or otherwise participate in this appeal.\nANALYSIS\nIt is axiomatic that rulings on motions to suppress are reviewed pursuant to the two-part standard articulated in Ornelas v. United States, 517 U.S. 690, 699, 134 L. Ed. 2d 911, 920, 116 S. Ct. 1657, 1663 (1996), where findings of historical fact are viewed for clear error with reviewing courts affording due weight to any inferences drawn therefrom by the trial court and the ultimate legal ruling concerning suppression is reviewed de novo. Factual findings are given great deference and are not subject to reversal unless they are contrary to the manifest weight of the evidence. People v. Luedemann, 222 Ill. 2d 530, 542, 857 N.E.2d 187, 195 (2006). \u201cThis deferential standard of review is grounded in the reality that the circuit court is in a superior position to determine and weigh the credibility of the witnesses, observe the witnesses\u2019 demeanor, and resolve conflicts in their testimony.\u201d People v. Jones, 215 Ill. 2d 261, 268, 830 N.E.2d 541, 548 (2005). Such findings are against the manifest weight of the evidence only if the opposite conclusion is clearly evident. People v. Beverly, 364 Ill. App. 3d 361, 368, 845 N.E.2d 962, 969 (2006). Reviewing courts, however, remain free to assess the facts in concert with the issues to draw conclusions when determining appropriate relief. Luedemann, 222 Ill. 2d at 542, 857 N.E.2d at 195.\nWe first address the State\u2019s contention that the trial judge\u2019s factual findings were against the manifest weight of the evidence. According to the State, the trial court\u2019s adoption of Officer Dervisevie\u2019s testimony that defendant was \u201cthreatening to call\u201d the victim was against the manifest weight of the evidence. The State\u2019s argument is premised upon the court\u2019s rejection of its claim that the transcript contained \u00bf typographical error. The State contends the evidence of the officers\u2019 \u201cimmediate reaction\u201d to the second call make the trial court\u2019s finding \u201cunreasonable and arbitrary to find that defendant merely threatened to \u2018call\u2019 the victim the second time.\u201d\nOn the record before us, we cannot conclude the trial court\u2019s factual conclusions were against the manifest weight of the evidence. Unquestionably, the trial court was in the best position to evaluate the evidence before it. Jones, 215 Ill. 2d at 268, 830 N.E.2d at 548. It is clear the trial judge paid careful attention to the evidence presented at the hearing and was confident in his recollections. Moreover, the judge\u2019s impressions are buttressed by the observations and professional assessment of the court reporter. It is not our place to substitute our judgment for that of the trial judge on this factual matter. See Corral v. Mervis Industries, Inc., 217 Ill. 2d 144, 155, 839 N.E.2d 524, 531 (2005). Nevertheless, we do not perceive that the opposite conclusion is \u201cclearly evident.\u201d Beverly, 364 Ill. App. 3d at 368, 845 N.E.2d at 969. Manifestly, our conclusion is the same as to the basic historical facts supporting the trial judge\u2019s suppression order.\nNext, we turn to the trial court\u2019s legal conclusion in suppressing the evidence against defendant. Fundamentally, the fourth amendment to the United States Constitution (U.S. Const., amend. TV) and article I, section 6, of the Illinois Constitution (Ill. Const. 1970, art. I, \u00a76) protect individuals from unreasonable searches and seizures. See People v. Rosenberg, 213 Ill. 2d 69, 77, 820 N.E.2d 440, 446 (2004). As our supreme court aptly observed in Luedemann, \u201cThe touchstone of the fourth amendment is reasonableness.\u201d Luedemann, 222 Ill. 2d at 566, 857 N.E.2d at 208.\nOur fourth amendment jurisprudence instructs that not all encounters between citizens and police officers result in a seizure. People v. White, 221 Ill. 2d 1, 21, 849 N.E.2d 406, 418 (2006). Illinois courts utilize a three-tiered analytical framework to apply to law enforcement interactions with private citizens. They include, (1) arrests, requiring probable cause; (2) brief investigative detentions or \u201cTerry stops\u201d requiring a reasonable, articulable suspicion of criminal activity; and (3) encounters devoid of coercion or detention, not implicating the fourth amendment. Luedemann, 222 Ill. 2d at 544, 857 N.E.2d at 196.\nIn the case sub judice, the State aptly concedes that the third category of encounters has no application to the instant facts, given its acknowledgment:\n\u201cThe officers conducted a valid Terry stop and frisk when they handcuffed defendant and conducted a limited search for weapons because, given the facts known to them at that time and the inferences that they were entitled to draw based on their law enforcement training, defendant\u2019s behavior created a reasonable suspicion that criminal activity was afoot and that defendant might be armed and dangerous.\u201d\nLikewise, in articulating his ruling, the trial judge rejected the interpretation of the events as a field interview of defendant. We agree. The record before us demonstrates that the officers approached defendant and immediately restrained him, without the exchange of any words or other pleasantries. Consequently, we conclude this could not be characterized as a consensual encounter as it involved a significant degree of coercion and detention. See Luedemann, 222 Ill. 2d at 544, 857 N.E.2d at 196.\nOn appeal, the State offers five reasons why the trial court was incorrect in concluding defendant was arrested without probable cause upon being handcuffed. To this end, the State posits that: (1) handcuffing during the course of a Terry stop does not elevate the encounter to an arrest; (2) here the series of events demonstrated defendant threatened to kill the victim; (3) the handcuffing was done for Der-visevic\u2019s safety and not because he \u201cbelieved he could automatically search anyone that he wants to talk to\u201d; (4) when possessed of specific articulable facts that would lead an officer to believe a citizen is armed or dangerous, an officer may conduct a frisk before posing any questions; and (5) when Dervisevic responded to the second call objective facts were present to give rise to a reasonable belief defendant was involved in criminal activity, as well as armed and dangerous.\nAlthough searches and seizures generally require a warrant issued upon probable cause, it is axiomatic that law enforcement officers may conduct warrantless investigatory stops where the officer \u201ccan point to specific, articulable facts that, when combined with rational inferences derived therefrom, create reasonable suspicion that the person seized has committed or is about to commit a crime.\u201d Beverly, 364 Ill. App. 3d at 368, 845 N.E.2d at 969, citing Terry v. Ohio, 392 U.S. 1, 21-22, 20 L. Ed. 2d 889, 906, 88 S. Ct. 1868, 1880 (1968); People v. Lee, 214 Ill. 2d 476, 487, 828 N.E.2d 237, 246 (2005). Moreover, section 107 \u2014 14 of the Code of Criminal Procedure of 1963 (Code) codifies Terry and provides, \u201cA peace officer *** may stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit or has committed an offense ***.\u201d 725 ILCS 5/107 \u2014 14 (West 2008). In turn, section 108 \u2014 1.01 of the Code, \u201cSearch During Temporary Questioning,\u201d provides:\n\u201cWhen a peace officer has stopped a person for temporary questioning pursuant to Section 107 \u2014 14 of this Code and reasonably suspects that he or another is in danger of attack, he may search the person for weapons. If the officer discovers a weapon, he may take it until the completion of the questioning, at which time he shall either return the weapon, if lawfully possessed, or arrest the person so questioned.\u201d 725 ILCS 5/108 \u2014 1.01 (West 2008).\nPrinciples underlying our analysis do not mandate that the facts forming the basis of reasonable suspicion need rise to the level of probable cause and do not require an officer to actually witness a violation. People v. Richardson, 376 Ill. App. 3d 612, 625, 876 N.E.2d 303, 314 (2007). Nevertheless, a \u201cTerry investigative detention cannot be justified, however, on the basis of \u2018unparticularized suspicion\u2019 or on a \u2018hunch.\u2019 \u201d People v. Gherna, 203 Ill. 2d 165, 181, 784 N.E.2d 799, 808-09 (2003), quoting Terry, 392 U.S. at 27, 20 L. Ed. 2d at 909, 88 S. Ct. at 1883. As the court in Beverly explained:\n\u201cWe objectively consider whether a stop was proper, looking at the facts available to the officer at the time of the seizure to determine whether his or her actions were appropriate. Luedemann, 357 Ill. App. 3d at 420. The situation encountered by the officer must be so far from the ordinary that any competent officer would be expected to act quickly.\u201d Beverly, 364 Ill. App. 3d at 369, 845 N.E.2d at 969.\nEstablishing whether an officer is justified in conducting a Terry stop is a fact-driven process and must be approached on a case-by-case basis. People v. Hubbard, 341 Ill. App. 3d 911, 917, 793 N.E.2d 703, 709 (2003).\nIn the case sub judice, the officers responded to a second call concerning defendant at the same location. The radio call essentially indicated that defendant had again presented himself at the victim\u2019s home, possibly trespassing, harassing or threatening her. Notably, this was in the wake of the officers escorting him off of the premises approximately 10 minutes earlier. When the officers returned to the area, they observed the defendant, once more, walking down the block. Based upon the facts objectively available to the officers at the time, it was reasonable for them to conduct a brief investigatory stop. See Beverly, 364 Ill. App. 3d at 369, 845 N.E.2d at 969.\nNonetheless, the question before us requires more than merely determining whether the stop was appropriate at its inception. We must consider whether the stop escalated, requiring an additional quantum of suspicion or cause to justify the officer\u2019s actions. According to Officer Dervisevic\u2019s testimony, the officers approached defendant and, with utterly no discussion or interaction, placed him in handcuffs, conducted a search of his person, and discovered a handgun secreted in his sock. Prior to that point, there was no indication defendant was armed. Moreover, the testimony at the hearing demonstrated that defendant was cooperative with responding officers on both occasions. In support of its contention that the officers\u2019 actions in handcuffing defendant did not transform the encounter into an arrest, the State cites numerous cases. Those cases are factually inapposite to the case at bar.\nWe do, of course, recognize that not all circumstances wherein handcuffing and detention occur necessarily convert a lawful Terry stop into an arrest. People v. Walters, 256 Ill. App. 3d 231, 237, 627 N.E.2d 1280, 1285 (1994); People v. Waddell, 190 Ill. App. 3d 914, 926, 546 N.E.2d 1068, 1075 (1989). Yet, courts have observed that the use of handcuffs in a particular detention is indicative of an arrest, rather than a Terry stop, because it heightens the degree of intrusion and is not, generally, part of such a stop. People v. Arnold, 394 Ill. App. 3d 63, 70, 914 N.E.2d 1143, 1150 (2009). Importantly, concerns for officer safety and the safety of the public can, in certain limited circumstances, justify handcuffing during a brief investigatory stop. Arnold, 394 Ill. App. 3d at 70, 914 N.E.2d at 1150. Moreover, \u201cthe fact that handcuffing takes place before an officer has probable cause to arrest is not an automatic violation of the fourth amendment.\u201d Arnold, 394 Ill. App. 3d at 71, 914 N.E.2d at 1150.\nIn Arnold, our Second District examined factual scenarios where restraining a suspect with handcuffs would be appropriate, including three armed robbery suspects in a car shortly after the offense (People v. Walters, 256 Ill. App. 3d 231, 235, 627 N.E.2d 1280, 1284 (1994)) and narcotics cases where the suspect is in a vehicle (People v. Nitz, 371 Ill. App. 3d 747, 754, 863 N.E.2d 817, 824 (2007), citing People v. Waddell, 190 Ill. App. 3d 914, 927, 546 N.E.2d 1068, 1076 (1989)). Arnold, 394 Ill. App. 3d at 71, 914 N.E.2d at 1150.\nWe note that Walters, Nitz, and Waddell are among a litany of cases cited by the State in support of the argument that placing a suspect in restraints does not amount to an arrest per se. In Walters, the court found the officer\u2019s actions in detaining the suspects in an armed robbery were reasonable under the circumstances because one could reasonably conclude the suspects were armed and dangerous. Walters, 256 Ill. App. 3d at 238, 627 N.E.2d at 1286; People v. Staten, 143 Ill. App. 3d 1039, 1052-53, 493 N.E.2d 1157, 1164-65 (1986) (placing suspect in squad car viewed as a limited intrusion during investigation of, ultimately fatal, officer-involved shooting). In Nitz, the court determined that given the evidence, the issue of handcuffing was not relevant because the officer had probable cause to arrest prior to the time the defendant was detained based on the officer\u2019s detection of the odor of cannabis. Nitz, 371 Ill. App. 3d at 754, 863 N.E.2d at 824. Likewise, in Waddell, the court concluded there was \u201cnothing unreasonable about police officers being apprehensive concerning the risks inherent in interdicting drug traffic\u201d and that the absence of a weapon was not the same as an absence of danger. Consequently, it was reasonable to handcuff the defendant during the approximately 15 to 20 minutes it took to conduct a canine search of the vehicle, which uncovered cocaine in the trunk. Waddell, 190 Ill. App. 3d at 927, 546 N.E.2d at 1076. In each of these cases, probable cause to arrest was developed during the course of the defendants\u2019 detentions.\nThe State avers that \u201cthis Court has held that suspicion of a crime of violence or a drug-trafficking offense is sufficient to justify the use of handcuffs during a Terry stop. [Citation.]\u201d This is a telling and important observation in the context of the case presently before us. Nonetheless, this is no such case. Here, defendant was immediately restrained and searched. There was no temporary questioning pursuant to section 107 \u2014 14. No attempt to investigate the situation was undertaken in any manner. The officers were armed only with a radio call directing them to return to a scene they recently departed. At best the facts they possessed arguably sufficed to support a Terry stop. See Beverly, 364 Ill. App. 3d at 369, 845 N.E.2d at 969. Instead, we concur with the trial judge that the officers did what can only be described as an arrest.\nAnother case cited by the State, People v. Vena, 122 Ill. App. 3d 154, 460 N.E.2d 886 (1984), is offered as presenting an analogous situation to the case at bar. However, the facts of Vena differ importantly. In Vena officers responded to calls concerning suspicious men in an area where several burglaries recently occurred. The incident took place on a snowy night, with six to eight inches of snow on the ground. The officers followed footprints in the snow from the residence where one of the calls originated, eventually observing the defendants. Vena, 122 Ill. App. 3d at 161, 460 N.E.2d at 891. The officers announced their office and ordered the defendants to halt. Instead, the defendants fled on foot. Defendant Vena physically resisted efforts to restrain him, resulting in an injury to one of the officers. Vena, 122 Ill. App. 3d at 157, 460 N.E.2d at 889. According to the testimony of one of the officers, the defendants were taken into custody because \u201cthey ran from police, failed to stop, and refused to identify themselves.\u201d Vena, 122 Ill. App. 3d at 158, 460 N.E.2d at 890. During a pat-down search of Vena, two large objects were felt in one of his back pockets, which turned out to be \u201ca yellow plastic flashlight and a large folding knife.\u201d The men were then transported to the police station and 15 to 20 minutes later the officers received a call about an attempted burglary in the area where defendants were observed. Vena was searched again and more items were recovered from him, some of which were identified as proceeds from a recent burglary in an adjoining town patrolled by the same police department. Vena, 122 Ill. App. 3d at 159, 460 N.E.2d at 890.\nBased on these facts, the court concluded the officers \u201chad knowledge of sufficient specific and articulable facts to justify a stop of defendants in order to maintain the status quo while they investigated for criminal activity.\u201d Vena, 122 Ill. App. 3d at 161, 460 N.E.2d at 892. Additionally, the officers were justified, based on Terry, as well as sections 107 \u2014 14 and 108 \u2014 1.01 of the Code, to search for weapons, where the men attempted to flee and where Vena offered physical resistance. Vena, 122 Ill. App. 3d at 161, 460 N.E.2d at 892. Therefore the detention was reasonable in order to conduct further investigation. Furthermore, the circumstances of the detention and transportation of the defendants were not unreasonable, particularly where \u201c[n]o effort was made to interrogate or identify defendants or impose any intrusive investigation upon them.\u201d Vena, 122 Ill. App. 3d at 162, 460 N.E.2d at 892. Additionally, taking the men to the station was not any more \u201cintrusive per se than detaining them in the open field or in the squad car. In fact both the squad car and the stationhouse protected the defendants and police officers from blizzard-like weather conditions.\u201d Vena, 122 Ill. App. 3d at 163, 460 N.E.2d at 893. The ultimate arrest of the defendants did not occur until shortly after \u2014 within 15 to 20 minutes \u2014 their arrival at the police station and was based upon probable cause and within an hour of the initial call. Therefore, the trial court\u2019s ruling suppressing the items recovered in the Terry pat-down and later search incident to the arrest at the station was in error. Vena, 122 Ill. App. 3d at 164-65, 460 N.E.2d at 894.\nAbsent the transportation component of Vena, the situation is clearly distinguishable from the case at bar. Here, the defendant did not attempt to flee or struggle. On the contrary, the unrebutted testimony indicated that he was fully cooperative at all points during the interactions with the officers, including the initial call when he was asked to leave the premises and when the officers approached him following the second call. The court in Vena emphasized the actions of the defendants in ignoring the officers\u2019 order, attempting to flee, and Vena\u2019s resistance to being detained, as justifying and supporting the reasonableness of the initial pat-down search. Vena, 122 Ill. App. 3d at 161, 460 N.E.2d at 892. No such circumstances are present in the case sub judice. Instead, the officers were solely responding to a call. There were no additional investigative developments to support taking defendant into custody.\nArguably, in the instant case the officers could have inferred, based on the radio call, that defendant had just committed an offense and, therefore, been justified in temporarily stopping him in accordance with section 107 \u2014 14. 725 ILCS 5/107 \u2014 14 (West 2008). However, it is the subsequent provision of section 107 \u2014 14, permitting officers to \u201cdemand the name and address of the person and an explanation of his actions\u201d (725 ILCS 5/107 \u2014 14 (West 2008)), which we deem problematic for the responding officers. The record demonstrates the officers did nothing of the sort. Yet, that is not the end of the analysis. Section 108 \u2014 1.01 permits officers to search a subject stopped for temporary questioning, pursuant to section 107 \u2014 14, for weapons where the officer \u201creasonably suspects that he or another is in danger of attack.\u201d 725 ILCS 5/108 \u2014 1.01 (West 2008). We note that an officer need not have absolute certainty a suspect is armed in order to justify a search. People v. Ware, 264 Ill. App. 3d 650, 655, 636 N.E.2d 1007, 1010 (1994). Instead, \u201cThe issue is whether a reasonably prudent person in the circumstances would be warranted in the belief that his safety or that of others was in danger.\u201d Ware, 264 Ill. App. 3d at 655, 636 N.E.2d at 1010, citing Terry, 392 U.S. at 27, 20 L. Ed. 2d at 909, 88 S. Ct. at 1883.\nIn the case at bar, the record offers no support for a finding of any reason to so suspect. As noted, defendant was cooperative at all times during his encounters with police. The radio call was not sufficiently detailed to warrant a suspicion that defendant posed a risk of attack. Unlike the situation presented in Ware, the officers did not observe a bulge in defendant\u2019s clothing, he was not observed in any area known for gun arrests, and he was not leaving a \u201cnotorious location.\u201d Ware, 264 Ill. App. 3d at 656, 636 N.E.2d at 1010-11. Had the officers stopped defendant and conducted a further investigation of the call triggering their response, a basis to search defendant might have arisen based upon a search incident to arrest based on probable cause. Furthermore, attempting to justify the officers\u2019 actions based on their efforts to insure their own safety are understandable. However, they are unavailing when juxtaposed to the circumstances of this case, where there was no basis to suspect the presence of weapons or risk of attack. As additional support for the officers\u2019 actions, the State points out the recognition that domestic violence situations are potentially dangerous, hazardous, and unpredictable for officers. This claim harkens back to our conclusion in People v. Rivera, \u201cWe find that the mere fact that an officer believes drug dealers carry weapons or narcotic arrests involve weapons is insufficient alone to support reasonable suspicion to justify a Terry frisk.\u201d People v. Rivera, 272 Ill. App. 3d 502, 509, 650 N.E.2d 1084, 1090 (1995). We are equally reluctant to believe the nature of domestic disturbances is sufficient to justify such an intrusion.\nConsequently, the trial court\u2019s order granting defendant relief on his motion was not in error. Although there may well have been a reasonable suspicion to warrant a Terry stop, that is simply not what occurred. The trial court correctly concluded defendant\u2019s arrest was not lawful.\nThe State further argues the trial court\u2019s suppression of the bullets found in defendant\u2019s vehicle was erroneous. According to the State, that evidence was discovered by virtue of a valid inventory search, as a lawful search incident to a valid arrest, or, in the alternative, the bullets were subject to the inevitable discovery rule. The towing and inventory search occurred subsequent to defendant\u2019s arrest. According to Dervisevic, after advising defendant of his Miranda rights, he asked him whether he had a car. Defendant responded affirmatively and described where it was parked. Dervisevic then, in order to \u201cmake sure prisoner [sic] property is safe,\u201d returned to the 1300 block of Argyle and located the car, which was parked illegally in a designated handicapped parking spot. Dervisevic issued a citation, requested a tow truck, and conducted a search wherein he found ammunition matching the caliber of the handgun recovered from defendant. The State describes Dervisevic\u2019s conduct as falling within the rubric of the \u201ccommunity caretaking function\u201d of the police.\nIn Wong Sun v. United States, the Supreme Court determined that evidence obtained by virtue of an illegal arrest may trigger the application of the exclusionary rule, making such evidence inadmissible against a defendant. Wong Sun v. United States, 371 U.S. 471, 484-86, 9 L. Ed. 2d 441, 453-54, 83 S. Ct. 407, 415-17 (1963). Yet, a conclusion that a defendant was illegally detained is not the sole consideration in determining whether evidence obtained subsequent to the detention will be admissible. People v. Johnson, 237 Ill. 2d 81, 92, 927 N.E.2d 1179, 1186 (2010), citing People v. Lovejoy, 235 Ill. 2d 97, 130, 919 N.E.2d 843, 861 (2009). In Lovejoy, where the defendant sought the exclusion of certain statements, our supreme court explained:\n\u201cThe relevant inquiry is whether the statements bear a sufficiently close relationship to the underlying illegality. New York v. Harris, 495 U.S. 14, 19, 109 L. Ed. 2d 13, 21, 110 S. Ct. 1640, 1643 (1990). Generally, courts resolve this question by considering whether the evidence was obtained \u2018by means sufficiently distinguishable to be purged of the primary taint\u2019 of illegality. Wong Sun v. United States, 371 U.S. 471, 487-88, 9 L. Ed. 2d 441, 455, 83 S. Ct. 407, 417 (1963). However, this attenuation analysis is only appropriate where the evidence sought to be suppressed was actually obtained as a result of some illegal government activity. Harris, 495 U.S. at 19, 109 L. Ed. 2d at 21, 110 S. Ct. at 1643; People v. McCauley, 163 Ill. 2d 414, 448 (1994) (\u2018[w]hen police conduct results in a violation of constitutional rights, evidence obtained as a result of that violation, and only evidence so obtained, is to be suppressed\u2019); People v. Gervasi, 89 Ill. 2d 522, 528 (1982) (\u2018[t]he basic assumption underlying the \u201cfruit of the poisonous tree\u201d doctrine is that the challenged evidence is derived from some violation of a statutory or constitutional right\u2019 (emphasis in original)).\u201d Lovejoy, 235 Ill. 2d at 130, 919 N.E.2d at 861.\nGiven the state of this record, we reject the claim that the series of events described is sufficient to remove the taint of illegality. Each event followed and flowed from the initial, unlawful arrest of defendant. We do not discern a break in the chain sufficient to attenuate the recovery of this evidence from the initial illegality of the arrest. Moreover, the State\u2019s characterization of Dervisevic\u2019s actions as manifesting a \u201ccommunity caretaking function\u201d is similarly unavailing. A review of case law makes clear that the concept of \u201ccommunity caretaking\u201d is most often invoked to describe encounters between police officers and citizens and not, necessarily, for the protection of property. See Luedemann, 222 Ill. 2d at 548, 857 N.E.2d at 198.\nUnquestionably, a police officer, such as Officer Dervisevic, would be empowered and properly ought to issue citations to vehicles illegally parked, as well as towing them when warranted. However, our research did not disclose any cases where vehicles towed for parking violations were subject to inventory searches. Likewise, no cases were identified by the State or revealed by our research wherein a parking violation subject to towing provided probable cause to search. As noted, reasonableness is the fundamental consideration in fourth amendment analyses. See Luedemann, 222 Ill. 2d at 566, 857 N.E.2d at 208. Consequently, even if the parking violation, inventory search, and tow were separated from defendant\u2019s unlawful arrest, the search was unreasonable in fourth amendment terms as lacking sufficient probable cause.\nThe State additionally points to the inevitable discovery doctrine as an exception making the ammunition found in the vehicle admissible against defendant. This exception permits evidence \u201cto be admitted where the State can show that such evidence \u2018would inevitably have been discovered without reference to the police error or misconduct.\u2019 Nix v. Williams, 467 U.S. 431, 448, 81 L. Ed. 2d 377, 390, 104 S. Ct. 2501, 2511 (1984); [citation].\u201d People v. Sutherland, 223 Ill. 2d 187, 228, 860 N.E.2d 178, 209 (2006). We cannot conclude this evidence would have been inevitably discovered based on the record before us. The \u201c \u2018police error or misconduct\u2019 \u201d is inextricably linked to the discovery of this evidence. As noted, we rejected the State\u2019s argument as to the inventory search based on the parking violation. Since the State\u2019s argument in favor of inevitable discovery is unmistakably linked to the matter of illegal parking, we find this argument similarly meritless.\nFor the foregoing reasons, the judgment of the circuit court of Cook County is affirmed.\nAffirmed.\nFITZGERALD SMITH and HOWSE, JJ., concur.", "type": "majority", "author": "PRESIDING JUSTICE TOOMIN" } ], "attorneys": [ "Anita M. Alvarez, State\u2019s Attorney, of Chicago (James E. Fitzgerald, Veronica Calderon Malavia, and Kathryn A. Schierl, Assistant State\u2019s Attorneys, of counsel), for the People.", "No brief filed for appellee." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. CALEB WELLS, Defendant-Appellee.\nFirst District (5th Division)\nNo. 1\u201409\u20140792\nOpinion filed August 6, 2010.\nAnita M. Alvarez, State\u2019s Attorney, of Chicago (James E. Fitzgerald, Veronica Calderon Malavia, and Kathryn A. Schierl, Assistant State\u2019s Attorneys, of counsel), for the People.\nNo brief filed for appellee." }, "file_name": "0849-01", "first_page_order": 865, "last_page_order": 879 }