People v. Clark
Citation2024 IL 127838
Date Filed2024-12-19
Docket127838
Cited23 times
StatusPublished
Full Opinion (html_with_citations)
2024 IL 127838
IN THE
SUPREME COURT
OF
THE STATE OF ILLINOIS
(Docket No. 127838)
THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v.
ANGELO CLARK, Appellant.
Opinion filed December 19, 2024.
JUSTICE OVERSTREET delivered the judgment of the court, with opinion.
Chief Justice Theis and Justices Holder White, Cunningham, Rochford, and
OâBrien concurred in the judgment and opinion.
Justice Neville dissented, with opinion.
OPINION
¶1 The State, by indictment, charged defendant Angelo Clark with multiple counts
of attempted first degree murder (720 ILCS 5/8-4(a), 9-1(a)(1) (West 2012)) and
aggravated battery (id. § 12-3.05(e)(1)), arising out of a gang-related shooting that
seriously injured two people at an outdoor gathering held on July 19, 2013.
Defendant moved to quash his arrest, which was effected pursuant to an
investigative alertâa computer notification to officers in the field that detectives
had found probable cause for defendantâs arrestâissued by the Chicago Police
Department. Following defendantâs arrest, he made an inculpatory statement. After
a hearing, the circuit court denied defendantâs motion to quash arrest and suppress
his statement. Defendant did not contest the denial in the circuit court.
¶2 Thereafter, following a 2017 jury trial in the circuit court of Cook County,
defendant was convicted, under an accountability theory, of two counts of
aggravated battery with a firearm (id.) and was initially sentenced to two
consecutive terms of 23 years in prison. Upon an amended motion to reconsider his
sentence, the circuit court reduced the aggregate sentence from 46 years to 32 years
in prison.
¶3 Defendant appealed, and the Appellate Court, First District, affirmed
defendantâs conviction and sentence. 2021 IL App (1st) 180523-U. We allowed
defendantâs petition for leave to appeal (Ill. S. Ct. R. 315 (eff. Oct. 1, 2021)), and
for the following reasons, we affirm the appellate courtâs judgment.
¶4 BACKGROUND
¶5 On July 19, 2013, at approximately 7:30 p.m., two people attending an outdoor
event, a 6-year-old girl and a 52-year-old woman, were shot and injured. Shortly
after the shooting, police pulled over Cragg Hardaway a few blocks from the crime
scene after his vehicle was identified as possibly having been involved. He was
arrested the next day, and on the following morning, July 21, 2013, he gave a video-
recorded statement. In his statement, he told detectives that, shortly after he heard
gunshots on the day of the shooting, he encountered DeAndre Butler, who got in
Hardawayâs car and told him that some younger men had shot at someone. Three
young menâTerrence Lynom, Ladon Barker, and defendantâthen ran to
Hardawayâs car, got in, and told Butler they had committed the shooting and
believed Lynom had successfully killed someone. Hardaway later testified to the
grand jury that he encountered defendant again about a half hour later, when
defendant reported to Butler that he had disposed of the guns. After Hardawayâs
video-recorded statement, the detectives issued investigative alerts notifying
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officers that there was probable cause to arrest Lynom, Barker, and defendant. On
July 22, 2013, between noon and 3:30 p.m., officers arrested defendant.
¶6 Before trial, defendant filed a motion to quash arrest, contending that he was
arrested without probable cause or a valid arrest warrant. At the hearing on the
motion, Lashan Clark, defendantâs mother, testified that at approximately 3 p.m. on
July 22, 2013, she was in her motherâs home when two police officers arrived
looking for defendant, who was not there. Ms. Clark testified that she voluntarily
accompanied the officers to her sisterâs South Lafayette Avenue residence, where
she said defendant was living. Ms. Clark testified that, after she and the officers
arrived at her sisterâs residence, she told the officers to wait outside, she entered the
back door, and she saw defendant sitting at the kitchen table. Ms. Clark testified
that she told defendant that the police were there âabout a little girlâ and that it was
serious and that defendant âwas getting madâ because the police were there. Ms.
Clark testified that, while she and defendant were talking, the officers entered the
house and threatened to tase defendant. Ms. Clark testified that the officers then
choked defendant, threw him against the wall, and handcuffed him. Ms. Clark
testified that the officers then escorted defendant from the home.
¶7 Chicago police officer Patrick Kinney 1 testified that on July 22, 2013, he and
his partner, Chicago police officer Kevin OâNeill, went to defendantâs
grandmotherâs house after receiving an investigative alert that there was probable
cause to arrest defendant for the shooting of two victims. Officer Kinney believed
that the basis for the probable cause for the investigative alert was that defendant
had been âpositively identified as being the shooter where two victims were shot.â
¶8 After learning that there was an investigative alert with probable cause to arrest
defendant, Kinney performed a database search on defendantâs name and went to
the residence of the first address that appeared. Kinney testified that, at that
residence, they encountered Ms. Clark, who was âextremelyâ cooperative,
informed them that defendant lived with her sister, and accompanied the officers to
her sisterâs house at South Lafayette Avenue. Kinney testified that, when they
arrived at the sisterâs address, Kinney approached the back of the residence, OâNeill
1
The report of proceedings in the record spells Officer Kinneyâs name as âKenny,â but the
parties below, the arrest report contained in the common-law record, and the appellate court spell
his name âKinney.â
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approached the front, and Ms. Clark waited in the back of the police car in front of
the residence.
¶9 Kinney testified that he knocked on the door and a male adult in his twenties
answered it. Kinney introduced himself to the young man and explained that he was
looking for defendant, whom he had probable cause to arrest. Kinney testified that,
although the man did not verbally invite Kinney inside, the man opened the door,
moved to the side, and pointed to a back bedroom where Kinney saw defendant.
Kinney, who remained outside the residence, told defendant that there was a
probable cause investigatory alert for his arrest and that the detectives wanted to
speak to him, and Kinney asked defendant to accompany him to the police station.
Defendant said, âOkay, let me get some clothes,â after which Kinney stepped inside
the residence and defendant put on his clothes. Kinney testified that he entered into
the house as defendant gathered his clothing âto have eyes on him priorâ to arresting
him because he did not âknow what he was going to grab.â Kinney testified that
defendant was very cooperative, defendant exited the home, and he placed
defendant under arrest and escorted him to the police station.
¶ 10 The circuit court denied defendantâs motion. In doing so, the circuit court found
that Kinney was a âbelievableâ and âcompellingâ witness and that Ms. Clarkâs
testimony was biased and âutterly without any credibility.â The court stated that it
agreed with defense counsel that the existence of an investigative alert with
probable cause to arrest does not alone provide authorization for an officer to enter
a home to effect an arrest. The circuit court noted, however, that Kinneyâs eventual
entry occurred after defendant had âalready agreed to accompanyâ the officers and
it was not âto effect arrest but to effect and facilitate his accompaniment, which
[defendant] [had] already agreed to do.â
¶ 11 After defendantâs arrest, he submitted a written statement to police, wherein he
stated that he was a member of the Goon Town gang, rivals of the 10-4Ls gang,
and that he and about 10 fellow gang members, including Lynom and Barker,
decided they would shoot some 10-4Ls. Lynom and Barker volunteered to shoot,
and defendant volunteered to go along with them to make sure they were alright.
Once Barker was armed with a 9-millimeter gun and Lynom with a .40-caliber gun,
they walked through the alley, and Barker and Lynom opened fire while defendant
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stayed near the alleyâs entrance. The three then ran back down the alley and escaped
in Hardawayâs car.
¶ 12 At defendantâs jury trial, the State proceeded on three counts of aggravated
battery and five counts of attempted first degree murder (720 ILCS 5/8-4(a), 9-
1(a)(1) (West 2012)). Codefendants, Lynom and Barker, were tried separately and
are not parties to this appeal. At defendantâs trial, the State presented evidence that
defendant was the lookout for the two shooters and was therefore accountable for
their actions. The jury returned guilty verdicts on two counts of aggravated battery
with a firearm (id. § 12-3.05(e)(1)) under an accountability theory. The circuit court
declared a mistrial on the remaining counts of attempted first degree murder and
the sentence enhancement for the use of a firearm, on which the jury could not reach
a unanimous verdict.
¶ 13 In December 2017, at the sentencing hearing, the circuit court heard the victimsâ
statements about their lasting injuries and defendantâs statement in allocution that
he was âno longer that reckless 17[-]year[-]old kidâ and was âtruly sorryâ that âthe
offense [he] was charged withâ had âcaused two innocent people pain and suffering
every night plus [his] family.â Defendantâs statement in allocution indicated that
he started getting into trouble when he returned to Chicago from Wisconsin, his
surroundings led him to âthe street life,â and he never planned âto be part of some
nonsense.â Defendantâs statement indicated that he was âpast [his] adolescent state
of mind,â âa mature adult now 21 years old,â and âwould have been dead if [he]
[were] free due to [his] adolescent state of mind.â Defendantâs statement indicated
that he was part of a spiritual program and wanted to attend college.
¶ 14 The circuit court also received a presentence investigation report (PSI), which
confirmed that defendant was 17 at the time of the shooting, revealed that he had
been adjudicated delinquent for aggravated assault a month before the shooting,
and provided information about defendantâs social, family, and psychological
history. The PSI revealed that, when defendant was 15 years old, he suffered from
depression, attempted suicide by hanging himself, and was hospitalized for two
weeks. The PSI revealed that defendant denied being a gang member or being
involved in any gang-related criminal activity, even though he had âGoon Townâ
tattooed on the knuckles of both hands.
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¶ 15 In mitigation, defense counsel argued that defendant was âjust a child,â never
had the opportunity to go to high school because he was working when he was 15
years old, and âwas only a little over 10 years older than the victim.â Counsel stated
that defendant had a âtough lifeâ and grew up without his dad in his life. Counsel
stated that defendant âdid not have directionâ and had âno one to show him the
way,â and counsel requested that âbe factored in greatlyâ for sentencing.
¶ 16 Before sentencing defendant, the court explained that it had considered â[t]he
evidence presented at trial,â the PSI (which the court had âreviewed in its entiretyâ),
âthe evidence offered in aggravation and mitigation,â and the statutory factors in
aggravation and mitigation, as well as arguments of counsel, the victim impact
statements, and â[d]efendantâs allocutionâ (which âprovide[d] [the court] with
some degree of optimismâ). After noting the âextreme gravityâ of the conduct for
which defendant had been found accountable and defendantâs eligibility for a 6- to
30-year sentence on each count of aggravated battery with a firearm, the circuit
court sentenced him to 46 years in prison, which included two consecutive
sentences of 23 years. The circuit court denied defendantâs immediate oral motion
to reconsider based on his youth, explaining that it was âmindful of [his] youthâ but
that other factors, including the âextremely aggravatingâ facts that the offenses
resulted from a âconcerted effortâ by defendant and his fellow gang members,
supported the sentence.
¶ 17 In January 2018, defendant filed an amended motion to reconsider sentence,
arguing that 46 years was excessive in light of defendantâs background, young age,
and the nature of his participation in the offense, including that he had not fired a
gun during the shooting. On February 16, 2018, at the hearing on the amended
motion to reconsider, defendant argued that the 46-year sentence was excessive and
âakin to a life sentenceâ because he was a 17-year-old boy at the time of the offense,
he was not the shooter, and he was found to be guilty only of aggravated battery
with a firearm, not attempted murder. The circuit court reiterated that it was
âmindful of the fact that he is a young personâ and, after âtak[ing] that into further
account,â reduced defendantâs sentence to 32 years total, with 16 years in prison on
each count of aggravated battery with a firearm. After the circuit court reduced
defendantâs sentence, the court noted that defendant âabsented himself from the
courtroomâ and âpushed the officer aside as he attempted to exit.â The circuit court
found that defendant âwas obstreperous, even in his final moments before the
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[c]ourt,â which was ânoteworthyâ because defendant had âacted violently and in a
disruptive way on many occasions within [the] courtroom.â
¶ 18 Defendant filed his timely notice of appeal.
¶ 19 Appellate Court
¶ 20 The appellate court affirmed defendantâs convictions and sentence. 2021 IL
App (1st) 180523-U, ¶ 1. On appeal, relying on the appellate courtâs opinion in
People v. Bass, 2019 IL App (1st) 160640, ¶¶ 62, 71, affâd in part and vacated in
part, 2021 IL 125434, ¶ 34, before Bass reached this court, defendant argued, as
relevant here, that the circuit court erred by failing to quash his arrest and suppress
his following statement because his arrest was prompted by an investigative alert
and not an arrest warrant. In Bass, a divided panel of the appellate court had held
that the defendantâs motion to suppress should have been granted because arrests
based solely on investigative alerts, even if the alert is based on probable cause,
violate the Illinois Constitution. Id. ¶¶ 7, 42, 71. In addressing defendantâs
argument, the appellate court in this case noted that defendant had not argued on
appeal that the officers lacked probable cause to arrest him. 2021 IL App (1st)
180523-U, ¶ 82.
¶ 21 The appellate court also noted that after briefing had completed, in April 2021,
this court filed an opinion in Bass, agreeing with the appellate court that the
defendantâs motion to suppress should have been granted, but this court reached
that conclusion on narrower grounds, finding that the traffic stop at issue was
unconstitutionally extended. Id.¶ 83 (citing People v. Bass,2021 IL 125434, ¶ 26
).
Because this court decided the case on narrower grounds, it did not address the
constitutional issue regarding whether investigative alerts violate the Illinois
Constitution, and this court vacated the portions of the appellate opinion relating to
investigatory alerts. Bass, 2021 IL 125434, ¶¶ 29, 33. ¶ 22 Thus, following its own precedent (People v. Braswell,2019 IL App (1st) 172810, ¶ 39
; People v. Simmons,2020 IL App (1st) 170650, ¶ 64
; People v.
Thornton, 2020 IL App (1st) 170753, ¶¶ 45-50; People v. Bahena,2020 IL App (1st) 180197, ¶ 63
), the appellate court in this case was unpersuaded by defendantâs
argument that his arrest was unconstitutional because he was arrested pursuant to
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an investigative alert that violated the Illinois Constitution. 2021 IL App (1st)
180523-U, ¶ 84. The appellate court therefore held that the circuit court did not err
when it denied defendantâs motion to quash arrest and suppress his statement. Id.
¶ 23 Defendant also argued on appeal that the circuit court improperly failed to
consider the sentencing factors listed in the Unified Code of Corrections (Code)
that are applicable when sentencing individuals under the age of 18 at the time of
the commission of an offense (730 ILCS 5/5-4.5-105(a) (West 2016)). 2021 IL App
(1st) 180523-U, ¶ 124. Section 5-4.5-105(a) of the Code first became effective
January 1, 2016, 2 yet defendant did not raise it prior to appeal.
¶ 24 Accordingly, due to defendantâs forfeiture of the issue, the appellate court
reviewed the issue under plain error principles and found no plain error. Id. ¶¶ 130-
37. The appellate court held that section 5-4.5-105(a) of the Code did not apply to
defendantâs sentencing because defendant committed his offenses prior to its
effective date and, in any event, the circuit court had considered the relevant factors
listed. Id. The appellate court rejected defendantâs assertion that, even though the
circuit court was âmindfulâ of his young age at the time of the offense, the circuit
court had not considered the specific factors relative to youth set forth in section 5-
4.5-105 of the Code. Id. ¶ 135. The appellate court held that the circuit court was
not required to recite and assign value to each sentencing factor, nor was it required
to articulate the process it used to determine an appropriate sentence. Id.
Accordingly, the appellate court concluded that the circuit court had considered the
relevant factors and did not abuse its discretion when it sentenced defendant. Id.
¶ 137.
¶ 25 Presiding Justice Mikva concurred in part and dissented in part, noting that she
would have affirmed defendantâs convictions but would have remanded for
resentencing because the circuit court did not expressly discuss the statutory
mitigating factors at sentencing. Id. ¶ 143 (Mikva, P.J., concurring in part and
dissenting in part). Presiding Justice Mikva asserted that the circuit court was
obligated to consider the factors imposed on individuals under the age of 18 (730
2
Pursuant to the Effective Date of Laws Act (5 ILCS 75/0.01 et seq. (West 2014)), because the
underlying bill was âpassedâ prior to June 1, 2015 (see 5 ILCS 75/3 (West 2014)), the effective date
for Public Act 99-69 was January 1, 2016 (see 5 ILCS 75/1(a) (West 2014)). Ill. Const. 1970, art.
IV, § 10; People v. Hunter, 2017 IL 121306, ¶ 7 n.1.
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ILCS 5/5-4.5-104(a) (West 2016)) because the circuit court was reconsidering the
originally imposed de facto life sentence. 2021 IL App (1st) 180523-U, ¶ 146.
Citing this courtâs decision in People v. Buffer, 2019 IL 122327, ¶ 47, Presiding
Justice Mikva found the circuit courtâs statements insufficient to suggest that the
relevant factors were considered and would have remanded to apply those factors
and resentence defendant. 2021 IL App (1st) 180523-U, ¶ 149-50.
¶ 26 This court allowed defendantâs petition for leave to appeal. Ill. S. Ct. R. 315
(eff. Oct. 1, 2021). We allowed the ACLU of Illinois, Chicago Appleseed Center,
Chicago Council of Lawyers, and National Association for Criminal Defense
Attorneys to file a joint brief as amici curiae in support of defendantâs position. We
also allowed the City of Chicago, the Illinois Sheriffsâ Association, the Illinois
Association of Chiefs of Police, the Village of Bannockburn, the City of Crystal
Lake, the Village of Glenview, and the Village of Grayslake to file briefs as amici
curiae in support of the Stateâs position. See Ill. S. Ct. R. 345 (eff. Sept. 20, 2010).
All of the amici briefs involve the constitutionality of investigatory alerts.
¶ 27 ANALYSIS
¶ 28 Investigative Alerts
¶ 29 Defendant contends that the investigative alert system used by the Chicago
Police Department, wherein the police entered and retrieved a notice in a database
that identified defendant as one whom there was probable cause to arrest, was
inconsistent with the United States and Illinois Constitutions (U.S. Const., amend.
IV; Ill. Const. 1970, art. I, § 6) and, thus, the circuit court erred in failing to grant
his motion to quash arrest and suppress evidence. Defendant requests this court to
reverse the appellate courtâs judgment affirming his convictions and remand for a
new trial.
¶ 30 âIn reviewing a ruling on a motion to quash arrest and suppress evidence, we
apply a two-part standard of review.â People v. Grant, 2013 IL 112734, ¶ 12.
âWhile we accord great deference to the trial courtâs factual findings, and will
reverse those findings only if they are against the manifest weight of the evidence,
we review de novo the courtâs ultimate ruling on a motion to suppress involving
probable cause.â Id.
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¶ 31 With regard to his motion to quash arrest, defendantâs arguments throughout
this case have shifted. In his brief submitted to this court, defendant argues that
under the federal and state constitutions, absent exigent circumstances or consent,
police must, whenever possible, obtain an arrest warrant issued by a neutral
magistrate upon a finding of probable cause prior to effectuating an arrest in the
home. We agree with this proposition. Absent exigent circumstances or consent,
officers may not effect a warrantless arrest in the home. Payton v. New York, 445
U.S. 573, 590 (1980) (absent exigent circumstances, fourth amendment prohibits
police from making a warrantless and nonconsensual entry into a suspectâs home
to make a routine felony arrest).
¶ 32 We note, however, that at no time after the hearing on the motion to suppress
did defendant argue in the circuit court that the State had failed to prove voluntary
consent to enter the home to effect the defendantâs arrest, despite the circuit courtâs
finding otherwise. Defendant did not argue in posttrial motions before the circuit
court, on appeal from the order denying his motion to suppress, or in his petition
for leave to appeal in this court that the State failed to prove voluntary consent to
enter the home to effect defendantâs arrest in violation of Payton. See People v.
Bean, 84 Ill. 2d 64, 69 (1981) (âwhen voluntary consent is given to enter oneâs
residence and an arrest is effected based on probable cause, the suspectâs rights
under the fourth amendment are not violated, even in the absence of exigent
circumstancesâ); see also id. at 69-70 (consent may be given by arrestee or third
party (citing United States v. Matlock, 415 U.S. 164, 171 (1974))).
¶ 33 Accordingly, after the hearing on the motion to quash arrest and suppress
evidence, defendant forfeited any argument that the State failed to prove that the
officers, at the threshold of the home at daylight using no force or deception (People
v. Bonilla, 2018 IL 122484, ¶ 20 (police officer not armed with a warrant may
approach home and knock, as any private citizen might do (citing Kentucky v. King,
563 U.S. 452, 469 (2011)))), had acquired proper consent to enter the residence to
effectuate defendantâs arrest. See People v. Brown, 236 Ill. 2d 175, 183 (2010)
(issue may be deemed forfeited if not raised in the petition for leave to appeal);
People v. Phillips, 215 Ill. 2d 554, 565 (2005) (failure to argue point in appellantâs
opening brief results in forfeiture of issue); People v. Cuadrado, 214 Ill. 2d 79, 89
(2005) (in general, failure to raise issue in posttrial motion results in forfeiture of
that issue on appeal). Because defendant did not previously raise this issue, the
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appellate court did not address it, and we therefore decline to overlook defendantâs
forfeiture of it. We caution, however, that Payton remains good law and, despite
our holding below, that probable cause supports a warrantless arrest even if
communicated via an investigatory alert, the fourth amendment nevertheless
prohibits police officers from making a warrantless entry into the home to make a
routine felony arrest, absent exigent circumstances or consent. See Payton, 445
U.S. at 590.
¶ 34 After the appellate courtâs 2019 holding in Bass, defendant argued for the first
time in the appellate court that, pursuant to Bass, the circuit court erred in denying
his motion to quash arrest because âthe unwarranted arrest was made pursuant to
an investigative alert [with] probable cause attached.â Likewise, in his petition for
leave to appeal to this court, defendant argued the police âeffectuated an
unconstitutional arrest by relying on a police investigative alert.â Although
defendant also forfeited this argument by failing to preserve it in the circuit court
by challenging the denial of his motion to quash in a posttrial motion (People v.
Cosby, 231 Ill. 2d 262, 271-73 (2008) (challenges to denial of motion to suppress
at trial, constitutional or otherwise, are forfeited if not raised in a posttrial motion)),
we nevertheless address defendantâs contention, raised and addressed in the
appellate court and raised in this court, that his statement should be suppressed
because he was arrested pursuant to an investigative alert, not a warrant based on
probable cause, pursuant to the appellate courtâs reasoning in Bass, 2019 IL App
(1st) 160640, ¶¶ 62, 71, affâd in part and vacated in part,2021 IL 125434, ¶ 34
.
See People v. Sophanavong, 2020 IL 124337, ¶ 21 (forfeiture is a limitation on the
parties and not on the court, and a court may overlook forfeiture where necessary
to reach a just result or maintain a sound body of precedent). Upon review, we find
no error.
¶ 35 We begin by briefly reviewing the law related to warrantless arrests based on
probable cause. In United States v. Watson, 423 U.S. 411 (1976), the United States
Supreme Court held that a warrantless arrest based on probable cause complies with
the fourth amendment, even if there was time to obtain an arrest warrant. The court
explained that âthere is nothing in the Courtâs prior cases indicating that under the
Fourth Amendment a warrant is required to make a valid arrest for a felony.â Id. at
416-17. Thus, â[t]he necessary inquiry *** was not whether there was a warrant or
whether there was time to get one, but whether there was probable cause for the
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arrest.â Id. at 417. The court noted that this was an âancient common-law ruleâ and
traced it back to at least the time of Blackstone. Id. at 418. The court further noted
that this was the prevailing rule under state constitutions and statutes as well. Id. at
419. The court explained why it was continuing to adhere to this rule:
âLaw enforcement officers may find it wise to seek arrest warrants where
practicable to do so, and their judgments about probable cause may be more
readily accepted where backed by a warrant issued by a magistrate. See United
States v. Ventresca, 380 U. S. 102, 106(1965); Aguilar v. Texas,378 U. S. 108, 111
(1964); Wong Sun v. United States,371 U. S. 471, 479-480
(1963). But we
decline to transform this judicial preference into a constitutional rule when the
judgment of the Nation and Congress has for so long been to authorize
warrantless public arrests on probable cause rather than to encumber criminal
prosecutions with endless litigation with respect to the existence of exigent
circumstances, whether it was practicable to get a warrant, whether the suspect
was about to flee, and the like.â Id. at 423-24.
¶ 36 In Illinois, the legislature has placed warrantless arrests based on probable cause
on equal footing with arrests made pursuant to warrants. Section 107-2(1) of the
Code of Criminal Procedure of 1963 (725 ILCS 5/107-2(1) (West 2012)) provides
as follows:
âA peace officer may arrest a person when:
(a) He has a warrant commanding that such person be arrested; or
(b) He has reasonable grounds to believe that a warrant for the personâs
arrest has been issued in this State or in another jurisdiction; or
(c) He has reasonable grounds to believe that the person is committing
or has committed an offense.â
Like the United States Supreme Court, this court has long recognized the validity
of warrantless arrests based on probable cause. See, e.g., Grant, 2013 IL 112734,
¶ 11; People v. Jackson,232 Ill. 2d 246, 274-75
(2009); People v. Montgomery,
112 Ill. 2d 517, 525(1986); People v. Jones,16 Ill. 2d 569, 573
(1959); People v.
Tillman, 1 Ill. 2d 525, 530(1953); People v. Henneman,373 Ill. 603, 606
(1940);
People v. Swift, 319 Ill. 359, 363 (1925).
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¶ 37 Despite this authority, defendant argues that his arrest was unlawful because
the Chicago Police Department had issued an investigative alert in his case.
Defendant makes two somewhat distinct arguments about investigative alerts. His
first argument focuses on the structure of the investigative alert system and argues
that it establishes a parallel internal proxy warrant system that is unconstitutional
because it fails to comply with necessary warrant procedures such as the
requirement of an affidavit presented to a neutral and detached magistrate.
Defendant argues that the Chicago Police Departmentâs internal proxy warrant
system puts arresting officers in situations where they do not have sufficient
assurances that they are acting on trustworthy information.
¶ 38 As noted, defendant did not raise this issue in the circuit court and therefore
forfeited it for purposes of review. More importantly, however, defendant failed to
introduce evidence in the circuit court about the structure of the Chicago Police
Departmentâs investigative alert system, so a record does not exist on this issue.
Defendantâs argument in his brief is based on references to directives found on the
Chicago Police Departmentâs website, on testimony in another case, and not on
evidence in the record here. See People v. Gipson, 29 Ill. 2d 336, 342 (1963) (court
will not consider argument relying on document not of record); People v. Neukom,
16 Ill. 2d 340, 346 (1959) (âwe cannot pass upon matters not appearing in the record
before usâ); see, e.g., Freedman v. Muller, 2015 IL App (1st) 141410, ¶ 21 (refusing
to consider documents provided only in the appendix to a brief because âa court of
review must determine the issues before it solely on the basis of the record made in
the trial courtâ). We are unable to review this issue because it is not sufficiently
presented by the record.
¶ 39 Defendantâs second argument about investigative alerts is based on an analysis
first used by the appellate court in Bass, 2019 IL 160640, affâd in part & vacated
in part, 2021 IL 125434. 3 In Bass, the victim told the police that she had been
sexually assaulted by Bass, and the police issued an investigative alert for him. Id.
¶ 7. The investigative alert summarized the incident and stated that there was
probable cause to arrest Bass. Id. Three weeks later, Bass was a passenger in a
vehicle that was pulled over by the police. Id. ¶ 8. When the police ran a â âname
3
Although this portion of Bass was vacated by this court when it affirmed the appellate courtâs
decision on another ground, we discuss it at some length because it formed the basis for defendantâs
argument.
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checkâ â on Bass, they discovered the investigative alert and placed him under
arrest. Id. The circuit court denied Bassâs motion to quash arrest and suppress
evidence. Id. ¶ 14.
¶ 40 The appellate court reversed. Id. ¶ 97. The court acknowledged that Bassâs
arrest pursuant to an investigative alert did not violate the fourth amendment, as it
is well settled that the police may make warrantless arrests outside the home as long
as they have probable cause for the arrest. Id. ¶ 37. Because Bass conceded that
probable cause existed for his arrest, that arrest did not violate the fourth
amendment. Id.
¶ 41 The appellate court in Bass determined, nevertheless, that the arrest violated
article I, section 6, of the Illinois Constitution. Id. ¶ 43. The appellate court
acknowledged that this court had adopted the âlimited lockstepâ approach for
construing our constitution vis-à -vis the United States Constitution. Id. ¶ 40. 4 The
appellate court held that departure from lockstep construction was warranted
because of a difference in wording between the fourth amendment and the search
and seizure clause of our state constitution. The fourth amendment provides that no
warrants shall issue âbut upon probable cause, supported by Oath or affirmationâ
(emphasis added) (U.S. Const., amend. IV), while article I, section 6, of the Illinois
Constitution provides that no warrant shall issue but upon probable cause
âsupported by affidavitâ (emphasis added) (Ill. Const. 1970, art. I, § 6). The court
explained that the requirement of an âaffidavitâ rather than an âOath or affirmationâ
dated from the 1870 Constitution and indicated that the search and seizure clause
of our constitution was intended to provide greater protection than the fourth
amendment. Bass, 2019 IL 160640, ¶¶ 49-57. The appellate court cited Lippman v.
People, 175 Ill. 101, 112 (1898), for the proposition that the requirement of an
âaffidavitâ shows that the search and seizure clause of the state constitution goes
4
Under this approach, we construe provisions of our state constitution in lockstep with their
federal counterparts unless certain criteria are met. In order to depart from lockstep,
â âWe must find in the language of our constitution, or in the debates and the committee reports
of the constitutional convention, something which will indicate that the provisions of our
constitution are intended to be construed differently than are similar provisions in the Federal
Constitution, after which they are patterned.â â People v. Caballes, 221 Ill. 2d 282, 310 (2006)
(quoting People v. Tisler, 103 Ill. 2d 226, 245 (1984)).
This court has also recognized that it may depart from lockstep construction based on long-
standing state traditions and values. Id. at 310-11.
- 14 -
â âa step beyondâ â the fourth amendment. Bass, 2019 IL App (1st) 160640, ¶ 52
(quoting Lippman, 175 Ill. at 112). ¶ 42 The appellate court then discussed People v. McGurn,341 Ill. 632
(1930), a
case in which two police officers arrested the defendant pursuant to a âstanding
orderâ from a superior officer to arrest the defendant. Bass, 2019 IL 160640, ¶ 55.
In that case, this court invalidated the arrest, explaining that
âunder the constitution of this [s]tate no municipality has authority to clothe
any officer with the autocratic power to order the summary arrest and
incarceration of any citizen without warrant or process of law and thus render
the liberty of every one of its citizenry subject to the arbitrary whim of such
officer.â McGurn, 341 Ill. at 638.
The Bass majority found in this courtâs case law a thread that âthe mere word of an
executive branch official fails, on its own, as a substantiate for a finding of probable
cause.â Bass, 2019 IL App (1st) 160640, ¶ 57. Rather, in Illinois, the âinterposition
of a neutral magistrate became the paradigm of investigative propriety.â Id.
¶ 43 The appellate court in Bass acknowledged the long-standing common-law rule
allowing warrantless felony arrests based on probable cause. Id. ¶ 58. Nevertheless,
the court believed that McGurn had placed limits on this rule that were ârelevant to
the constitutionality of investigative alerts.â Id. ¶ 59. The court concluded that this
courtâs case law established the proposition that â[t]he mere word of another
officer, based on the mere word of another citizen, does not meet the Illinois
constitutional threshold for effectuating a lawful arrest.â Id.
¶ 44 The appellate court in Bass explained, however, that the rule it was adopting
would not impede officers from relying on the collective knowledge of their fellow
officers. The court agreed with the State that it had clearly been established in cases
such as Whiteley v. Warden, 401 U.S. 560 (1971), and United States v. Hensley,
469 U.S. 221 (1985), that arresting officers may rely on information provided by
nonarresting officers, as long as the facts known to the nonarresting officers
establish probable cause. Bass, 2019 IL App (1st) 160640, ¶ 60. However, the Bass
majority determined that this rule applies âin a world without investigative alerts.â
Id. ¶ 62.
- 15 -
¶ 45 Justice Mason concurred in part and dissented in part. Id. ¶¶ 108-28 (Mason, J.,
concurring in part and dissenting in part). Justice Mason rejected the majorityâs
determination that Bassâs arrest, which was supported by probable cause, was
nevertheless rendered unconstitutional because an investigative alert had been
issued. Id. ¶ 120. Justice Mason reasoned that âthere is no apparent reason why,
when police have probable cause to arrest an individual (as they did here), the use
of an investigative alert gives them any untoward advantage,â and she pointed out
that the majority had not articulated any such reason. Id. Justice Mason noted that
Illinois law permits warrantless arrests based on probable cause (see 725 ILCS
5/107-2(1)(c) (West 2014)) and this courtâs case law permits the police to rely on
their collective knowledge in establishing probable cause (see People v. Buss, 187
Ill. 2d 144, 204(1999)). Bass,2019 IL App (1st) 160640
, ¶ 120. Thus, she could
âperceive no principled basis on which to hold that police may arrest an
individual without a warrant and without an investigative alert as long as they
have probable cause, but if they issue an investigative alert based on the same
facts giving rise to probable cause, they have run afoul of the Illinois
Constitution.â Id.
¶ 46 As noted, this court would ultimately vacate the portion of Bass dealing with
the constitutionality of investigative alerts. This court agreed with the appellate
courtâs alternative basis for holding Bassâs arrest unconstitutionalâthat it followed
a traffic stop that was unlawfully extended in violation of the fourth amendmentâ
and therefore vacated the remaining portion of the appellate courtâs opinion. Bass,
2021 IL 125434, ¶ 33. In the meantime, however, the Bass investigative alerts
analysis had already been rejected by another panel of the First District. In
Braswell, 2019 IL App (1st) 172810, ¶ 39, the appellate court declined to follow
Bass and expressed its agreement with the Bass dissent. The appellate court
explained its rejection of Bass as follows:
âThe majority in Bass suggests, however, that even where a police officer has
probable cause to arrest an individual, such arrest is unconstitutional if any
police agency has issued an investigative alert. This creates the somewhat
paradoxical situation where police may arrest an individual without a warrant
and without an investigative alert if they have probable cause to do so, but that
- 16 -
same arrest becomes unconstitutional if police issue an investigative alert based
on the same facts that gave rise to the probable cause.â Id.
Until recently, all subsequent First District decisions, including the appellate court
in this case (2021 IL App (1st) 180523-U, ¶ 84 (majority opinion)), would follow
Braswell rather than Bass. See, e.g., People v. Hardaway, 2022 IL App (1st)
200660-U, ¶ 26; People v. Hodrick,2021 IL App (1st) 182367-U, ¶ 105
; People v.
Little, 2021 IL App (1st) 181984, ¶ 63; Simmons,2020 IL App (1st) 170650, ¶ 64
;
Bahena, 2020 IL App (1st) 180197, ¶¶ 59-64; Thornton,2020 IL App (1st) 170753, ¶¶ 45-50
.
¶ 47 Even so, another panel of the First District revived the Bass analysis. See People
v. Smith, 2022 IL App (1st) 190691. In that case, the defendant was arrested in
connection with the beating and death of Anthony Morris. Id. ¶ 3. The defendant
filed a motion to quash arrest and suppress evidence, arguing that the arrest was
illegal because it was based on an investigative alert and the police had waited more
than six months to arrest him. Id. ¶ 4. The trial court denied the motion because it
found that the police had probable cause to arrest him. Id. ¶ 16. The First District
concluded that the defendant had been subjected to an unconstitutional arrest, but
it ultimately did not reverse his conviction because it held that the admission of the
evidence derived from the unlawful arrest was harmless error. Id. ¶ 101.
¶ 48 In concluding that the arrest was unlawful, the appellate court largely followed
the Bass analysis. The court noted that the defendant had not challenged his arrest
under the fourth amendment, as the United States Supreme Court has held that
warrantless arrests based on probable cause do not violate the fourth amendment.
Id. ¶ 68. The appellate court then held that the search and seizure clause of the
Illinois Constitution provides greater protection than the fourth amendment because
it requires that a warrant be based on probable cause supported by affidavit, rather
than by oath or affirmation. Id. ¶ 78. Like the Bass court, Smith cited Lippman for
the proposition that the affidavit requirement goes âa step beyondâ the fourth
amendment. Id. ¶ 81 (citing Lippman, 175 Ill. at 112). The appellate court argued
that Lippman recognized the importance of a magistrate in the probable cause
determination when it invalidated a statute allowing a search warrant to be issued
based on the written oath of a property owner before a justice of the peace or a
police magistrate that he had reason to believe that another person was using the
- 17 -
ownerâs casks, barrels, kegs, bottles, or boxes. Id. ¶¶ 82-84. The statute was held
unconstitutional because it attempted to transfer the judicial discretion from the
magistrate to the party making the affidavit. Id. ¶ 83.
¶ 49 Like the Bass majority, Smith also placed great importance on McGurn. Smith
noted that McGurn had rejected a warrantless arrest based on a standing order,
which the Smith majority believed resembled an investigative alert. Id. ¶ 86. The
Smith majority asserted that McGurn stands for the proposition that âan officer who
otherwise lacked reason to suspect a crime could not make an arrest based merely
on a standing order.â Id. ¶ 89. The appellate court summed up what it believed was
the state of the law under the 1870 Constitution:
âIn sum, our supreme court precedent interpreting the search and seizure
clause of the 1870 Constitution emphasized that an âaffidavitâ supporting
probable cause should be presented to a neutral magistrate before a warrant may
issue. A warrantless arrest may be justified where the arresting officer has
personal knowledge giving rise to a reasonable ground for believing that the
arrestee committed a crime. See [McGurn, 341 Ill.] at 636. However, a
municipality may not âclothe any officer with the autocratic power to order the
summary arrest and incarceration of any citizen without warrant or process of
law.â Id. at 638.â Id. ¶ 90.
¶ 50 Smith then noted that the affidavit language had been retained in the 1970
Constitution and, thus, concluded that the law as summarized above remains the
same to this day. Id. ¶¶ 92-93. The appellate court explained that, just as this court
had invalidated an arrest based on a standing order in McGurn, it had no choice but
to hold that the defendantâs arrest based on an investigative alert was unlawful. Id.
¶ 95. The appellate court further held that, although there were some circumstances
under which an arrest based on an investigative alert might be appropriate, such as
when probable cause existed and there was a danger that the suspect may commit
crimes in the immediate future or was a known flight risk, those circumstances were
not present there, where the police waited six months to arrest the defendant. Id.
¶ 97. The court acknowledged that probable cause existed for the defendantâs arrest
but held this to be irrelevant, as the police did not submit an affidavit to a magistrate.
Id. ¶ 98.
- 18 -
¶ 51 Justice Coghlan specially concurred. Id. ¶¶ 114-21 (Coghlan, J., concurring).
Justice Coghlan agreed with the majority that overwhelming evidence supported
the defendantâs guilt and that, therefore, the conviction should be affirmed. Id.
¶ 115. She disagreed, however, that defendantâs arrest was unconstitutional. Id.
¶ 116. Justice Coghlan would have held that the defendantâs arrest was not
unconstitutional, as it was supported by probable cause. Id. ¶ 117. While the
arresting officer did not have personal knowledge of the facts underlying the
murder investigation, probable cause may be established by the collective
knowledge of officers investigating a crime. Id.
¶ 52 Before explaining why we reject the Bass/Smith analysis, we note that Braswell
and other cases that followed Braswell described the Bass holding too narrowly.
Again, Braswell said that Bass created
âthe somewhat paradoxical situation where police may arrest an individual
without a warrant and without an investigative alert if they have probable cause
to do so, but that same arrest becomes unconstitutional if police issue an
investigative alert based on the same facts that gave rise to the probable cause.â
Braswell, 2019 IL App (1st) 172810, ¶ 39.
But the Bass majority was clear that it regarded the lack of a warrantârather than
the issuance of an investigative alertâas the essential problem. The court explained
that it was âbeyond dispute that a finding of probable cause must be based, not only
on a minimum threshold of sufficient facts, but sufficient facts presented in proper
form (a sworn affidavit) to the appropriate person (a neutral magistrate).â Bass,
2019 IL App (1st) 160640, ¶ 62 (majority opinion). Thus, the court held that âthe
Illinois Constitution requires, in the ordinary case, a warrant to issue before an
arrest can be made.â (Emphasis added.) Id.
¶ 53 And, if there were any doubt about the courtâs holding, Bass went on to say that
officers may still act without a warrant when âthey are confronted with âthe need
to render emergency assistance, the âhot pursuit of a fleeing suspect,â and the need
to prevent the imminent destruction of evidence.â â Id. ¶ 67 (quoting People v.
Harrison, 2016 IL App (5th) 150048, ¶ 17, quoting King,563 U.S. at 460
). None
of these exceptions applied to Bassâs case. Thus, the court said at the end of its
discussion, â[w]e find that our constitution goes âa step beyondâ the United States
Constitution and requires, in ordinary cases like Bassâs, that a warrant issue before
- 19 -
a valid arrest can be made.â Id. ¶ 71. Clearly, despite what Braswell stated, Bass
would have held the defendantâs warrantless arrest to be unlawful even if an
investigative alert had not been issued. Smith, likewise, focused on the lack of
exigent circumstances and explained that the arrest was invalid, despite the
presence of probable cause, because the police had not submitted an affidavit to a
magistrate. Smith, 2022 IL App (1st) 190691, ¶¶ 96-98.
¶ 54 Bass and Smith reflect a comprehensive rejection of the position the United
States Supreme Court adopted in Watson. Again, Watson held that the United States
Constitution does not require arrest warrants in cases where probable cause exists,
and the Supreme Court explained that it was not going to âencumber criminal
prosecutions with endless litigation with respect to the existence of exigent
circumstances, whether it was practicable to get a warrant, whether the suspect was
about to flee, and the like.â Watson, 423 U.S. at 423-24. By contrast, Bass and
Smith held that the Illinois Constitution does require arrest warrants even when
probable cause exists, and Bass and Smith would require criminal prosecutions in
Illinois to be encumbered with litigation with respect to exigent circumstances, etc.
¶ 55 Having clarified the holdings in Bass and Smith, we now explain why we reject
them. First, the premise that the difference between the fourth amendmentâs use of
âOath or affirmationâ and the Illinois Constitutionâs use of âaffidavitâ is a reason
to depart from lockstep construction was specifically rejected in People v. Caballes,
221 Ill. 2d 282 (2006). Indeed, Caballes viewed the similarity between the wording
of the fourth amendment and the search and seizure clause of the Illinois
Constitution as a reason not to depart from lockstep:
âThe phrase âsupported by affidavitâ in the state provision being virtually
synonymous with âby Oath or affirmationâ in the fourth amendment, this court
repeatedly held that the two constitutions should be construed alike. See People
v. Castree, 311 Ill. 392, 395 (1924) (âThe fourth amendment to the Federal
constitution is in practically the same wordsâ); People v. Reynolds, 350 Ill. 11,
16 (1932) (noting that the fourth amendment was âthe prototype for section 6
of article 2 of our State constitution and no reason is perceived why the latter
should not receive the same interpretation as the formerâ); People v. Grod, 385
Ill. 584, 592 (1944) (the guarantees of the fourth and fifth amendments âare in
effect the same as sections 6 and 10 of article II of the Illinois constitution, and
- 20 -
are construed alikeâ); People v. Tillman, 1 Ill. 2d 525, 529 (1953) (âwhile in
somewhat different language,â the two provisions are âin effect the sameâ and
should be construed alike); People v. Jackson, 22 Ill. 2d 382, 387 (1961)
(restating intention to âfollow the decisions of the United States Supreme Court
on identical State and Federal constitutional problemsâ).â Caballes, 221 Ill. 2d
at 291-92.
See also People v. Smith, 152 Ill. 2d 229, 250 (1992) (âThis court has determined
that the protections afforded by article I, section 6, of our State constitution against
âunreasonableâ searches and seizures are substantially identical to those provided
by the fourth amendment.â).
¶ 56 Second, as the State points out, the difference between the wording of the two
provisions goes only to the mechanism for obtaining a warrant and not to the scope
of the warrant requirement itself. Thus, as correctly pointed out by the State, that a
warrant application must be supported by affidavit does not suggest that a warrant
is required for all arrests, nor does it have any bearing on the question before the
court. We are concerned here with the propriety of a warrantless arrest supported
by probable cause. Any long-standing state tradition of requiring that probable
cause to obtain a warrant be based on an affidavit rather than on oath or affirmation
provides no basis to depart from lockstep on the question of the propriety of
warrantless arrests based on probable cause. With respect to that question, our long-
standing state tradition is to allow warrantless arrests based on probable cause. See,
e.g., People v. Bambulas, 42 Ill. 2d 419, 422 (1969) (âa lawful arrest may be made
without an arrest warrant if the officers making the arrest had probable cause to
make itâ); Swift, 319 Ill. at 363 (â[i]t is the rule in this State, and generally, that
where an arrest is made by an officer who has reasonable ground for believing that
the person arrested is implicated in a crime, such officer has a right to arrest without
a warrantâ); Ill. Rev. Stat. 1874, ch. 38, § 342 (allowing warrantless arrest when a
criminal offense has been committed and the officer has âreasonable ground for
believing that the person to be arrested has committed itâ).
¶ 57 Third, the principal cases relied on by Bass and Smith do not compel a different
result. Lippman did state, as Bass and Smith noted, that the warrant clause of the
state constitution goes âa step beyondâ the fourth amendment because it requires
an affidavit rather than an oath or affirmation. Lippman, 175 Ill. at 112. But
- 21 -
Lippman was not a lockstep case, and this court explained in Caballes that the
wording was sufficiently similar that it did not compel a departure from lockstep.
See Caballes, 221 Ill. 2d at 291-92. Indeed, the full quote from Lippman is that â[i]t is a step beyond the constitution of the United States, in requiring the evidence of probable cause to be made a permanent record in the form of an affidavit, otherwise it is the same.â (Emphases added.) Lippman,175 Ill. at 112
. Thus, the difference between the two provisions is only in how the evidence supporting probable cause is recorded. It is not clear how one could conclude from this difference that warrantless arrests in Illinois are generally unconstitutional. Moreover, Lippman itself did not view this as a reason to depart from lockstep construction. Quite the opposite. Right after the âstep beyondâ comment, the court proceeded to rely on fourth amendment law and cases from states that have an âOath or affirmationâ requirement.Id. at 112-13
. The statute at issue in Lippman provided: â âIn case the owner or owners of any cask, barrel, keg, bottle or box so marked, stamped and registered as aforesaid, shall, in person or by agent, make oath in writing, before any justice of the peace or police magistrate, that he has reason to believe, and does believe, that any manufacturer or bottler of ale, porter, lager beer, soda, mineral water or other beverage, or any other person, is using, in any manner by this act declared to be unlawful, any of the casks, barrels, kegs, bottles or boxes of such person or his principal, or that any junk dealer or dealer in casks, barrels, kegs, bottles or boxes, or any other dealer, manufacturer or bottler, has any such cask, barrel, keg, bottle or box secreted in, about or upon his, her or their premises, the said justice of the peace or police magistrate shall issue his search warrant and cause the premises designated to be searched as in other cases where search warrants are issued, as is now provided by law; and in case any such cask, barrel, keg, bottle or box, duly marked or stamped and registered as aforesaid, shall be found in, upon or about the premises so designated, the officer executing such search warrant shall thereupon arrest the person or persons named in such search warrant, and bring him, her or them before the justice of the peace or police magistrate who issued such warrant ***.â â (Emphases added.) Lippman,175 Ill. at 110
-11 (quoting Ill. Rev. Stat.
1874, ch. 120, § 4).
- 22 -
¶ 58 The courtâs concern was that the written oath required by the statute did not
have to be based on facts but rather could be based on a mere belief. Id. at 112. The
court looked to cases construing the fourth amendment and out-of-state cases
construing statutes that had an âOath or affirmationâ requirement and noted that
they required that the complaint âmust set up facts and cannot rest on mere belief.â
Id. at 112-13. Either under the fourth amendment or state statutes that have an âOath
or affirmationâ requirement, a mere belief is not sufficient to establish probable
cause. Id. at 113. The problem in Lippman was that the statute allowed a warrant to
issue based on the belief of the party requesting it. The court invalidated the statute
on this basis. That party was not required âto state any fact or satisfy the magistrate
that there is reasonable ground for his belief.â Id. The court did not view the
affidavit requirement as a reason to depart from fourth amendment law. The court
followed fourth amendment law. Both in cases where the complaint was supported
by an affidavit and those in which it was supported by an oath, probable cause could
not be based on a mere belief. Id. at 112-13. Contrary to what Bass and Smith held,
Lippman provides no basis to depart from lockstep.
¶ 59 Nor does McGurn support the Bass/Smith conclusion. Bass and Smith noted that
McGurn held the defendantâs arrest unlawful when he was arrested on the basis of
a âstanding orderâ issued by the commissioner of detectives. Smith specifically
analogized the standing order to an investigative alert. See Smith, 2022 IL App (1st)
190691, ¶ 86. Both Bass and Smith relied on McGurnâs statement that âunder the
constitution of this State no municipality has authority to clothe any officer with
the autocratic power to order the summary arrest and incarceration of any citizen
without warrant or process of law.â McGurn, 341 Ill. at 638; see Bass,2019 IL App (1st) 160640
, ¶ 56 (citing McGurn,341 Ill. at 638
); Smith,2020 IL App (1st) 190691
, ¶ 89 (citing McGurn,341 Ill. at 638
).
¶ 60 The passage that Bass and Smith relied on was made in the context of an arrest
made without probable cause. See McGurn, 341 Ill. at 633-35. The court noted that
it had long been the rule at common law that police may arrest without a warrant
when they have probable cause and that such arrests were permitted by statute. Id.
at 636 (citing Ill. Rev. Stat. 1929, ch. 38, ¶ 657 (Smith 1929)). The court also
explained that â[i]t is the rule in this State where a criminal offense has, in fact,
been committed, that an officer has a right to arrest without a warrant where he has
reasonable ground for believing that the person to be arrested is implicated in the
- 23 -
crime.â Id. The court then stated that the problem in the case before it was that
â â[t]here was no felony which had, in fact, been committed for the commission of
which [the arresting officer] had reasonable grounds to suspect [plaintiff in
error].â â Id. at 637. The arrest in that case was based solely on a standing order,
and there was no probable cause for the arrest. It is clear from the McGurn analysis
that the court would have upheld the arrest had it been based on probable cause.
Thus, that decision provides no support for the Bass/Smith conclusion, and Smith
was clearly wrong to analogize the standing order in that case to an investigative
alert based on probable cause.
¶ 61 Fourth, the Bass/Smith analysis is incompatible with the rule that probable
cause may be established by the collective knowledge of the police. See Buss, 187
Ill. 2d at 204 (when officers are working in concert, probable cause may be
established by information collectively received, even if that information is not
specifically known to arresting officer). Smith ignored that principle altogether,
while Bass acknowledged that it had been established by the United States Supreme
Court in cases such as Whiteley and Hensley that âarresting officers can rely on
information provided by nonarresting officers as long as the facts known to the
nonarresting officers suffice to establish probable cause.â Bass, 2019 IL App (1st)
160640, ¶ 60. Bass, however, stated that the principle applies âin a world without
investigative alerts.â Id. ¶ 61. We disagree. As Professor LaFave has noted:
âWhiteley has been properly applied by the lower courts to a variety of
situations. Clearly, the fellow officer rule is applicable to situations involving
all modes of communication, including computer, radio, telephone, teletype and
face-to-face contact. It governs whether the communication is from a superior
or fellow officer within the department ***.â 2 Wayne R. LaFave, Search and
Seizure § 3.5(b), at 336-37 (6th ed. 2020).
¶ 62 When Officers Kinney and OâNeill were assigned the investigative alert on July
22, 2013, the detectives investigating the shooting had probable cause to arrest
defendant, as provided by Hardawayâs statements that, shortly after he heard
gunshots, defendant, Barker, and Lynom entered his car and said they had
committed the shooting and believed Lynom had killed someone. See People v.
Gocmen, 2018 IL 122388, ¶ 19 (âprobable cause exists when the facts known to the
officer at the time are sufficient to lead a reasonably cautious person to believe that
- 24 -
the arrestee has committed a crime,â which is ânot proof beyond a reasonable doubt
or even that it be more likely than notâ that the person committed a crime); see also
Beck v. Ohio, 379 U.S. 89, 91 (1964) (constitutionality of arrest depends upon
whether, at the moment arrest was made, officers had probable cause to make it);
Grant, 2013 IL 112734, ¶ 11 (probable cause to arrest is based on what police knew
âat the time of the arrestâ). As noted by the appellate court, defendant did not
dispute on appeal that the officers had probable cause to arrest. The fact that the
information was shared with Officers Kinney and OâNeill by way of an
investigative alert does not invalidate the arrest. As the Seventh Circuit has
explained:
â[The] police often act on each otherâs instructions. An all points bulletin or
wanted flyer induces an officer to arrest someone about whom he knows
nothing beyond the instruction to make an arrest. Whether the arrest is lawful
depends on the information available to the police collectively; if the person
issuing the radio bulletin or authorizing the wanted poster had probable cause
to do so, the facts need not be present to the mind of the person making the
arrest.â Gordon v. Degelmann, 29 F.3d 295, 300 (7th Cir. 1994).
¶ 63 In sum, Bass and Smith erred in holding that arrests pursuant to investigative
alerts automatically violate the Illinois Constitution. Those cases failed to identify
any valid basis for departing from lockstep construction. This court has already held
that the difference between âaffidavitâ in our search and seizure clause and âOath
or affirmationâ in the fourth amendment was not a reason to depart from lockstep.
See Caballes, 221 Ill. 2d at 291-92. Moreover, Bass and Smith did not identify any
âstate tradition and values as reflected by long-standing state case precedentâ (id.
at 314) that would justify a departure. Indeed, state case precedent demonstrates
that this court has long recognized the validity of warrantless arrests based on
probable cause. Thus, just as defendantâs arrest did not violate the fourth
amendment, it also did not violate the search and seizure clause of the Illinois
Constitution. And once it is accepted that warrantless arrests for felonies do not
violate the Illinois Constitution, there is no basis to hold that arrests pursuant to
investigative alerts violate the Illinois Constitution. As Justice Mason noted, when
the police already have the right to make a warrantless arrest for a felony, âthere is
no apparent reason why *** the use of an investigative alert gives them any
- 25 -
untoward advantage.â Bass, 2019 IL App (1st) 160640, ¶ 120 (Mason, J.,
concurring in part and dissenting in part). Smith is hereby overruled.
¶ 64 Defendant also argues for the first time in his opening brief in this court that
arrests pursuant to investigative alerts violate the separation of powers clause of the
Illinois Constitution. See Ill. Const. 1970, art. II, § 1. Defendant failed to raise this
issue in his petition for leave to appeal and acknowledges that the separation-of-
powers clause âhas not been previously cited in this case.â It is therefore forfeited.
See People v. Williams, 235 Ill. 2d 286, 298 (2009) (argument not raised in
appellate court or petition for leave to appeal is twice forfeited). Moreover, the
separation of powers argument is not properly presented by the record, as defendant
never made this argument in the trial court. Accordingly, we decline to excuse
defendantâs forfeiture of this issue.
¶ 65 Furthermore, because we find defendantâs arrest constitutional, we need not
address his argument with regard to the inapplicability of the good faith exception.
¶ 66 Sentencing
¶ 67 Defendant argues that the circuit court improperly sentenced him without
making findings pursuant to section 5-4.5-105(a) of the Code (730 ILCS 5/5-4.5-
105(a) (West 2016)). Defendant argues that, as a 17-year-old offender, he should
have been sentenced with subsection (a)âs specific findings relative to his status as
a juvenile offender. Defendant requests this court to order the circuit court to
conduct a new sentencing hearing to consider these factors.
¶ 68 The State asserts that defendant forfeited his claim that the circuit court erred
by not considering the sentencing factors listed in section 5-4.5-105(a) of the Code
(id.) because he did not raise the issue at sentencing or in his motion to reconsider
sentence. See People v. Hillier, 237 Ill. 2d 539, 544 (2010) (âIt is well settled that,
to preserve a claim of sentencing error, both a contemporaneous objection and a
written postsentencing motion raising the issue are required.â). Defendant counters
that the issue is not forfeited because he raised the issue of his youth generally in
his motion to reconsider and, alternatively, the error amounts to plain error. See
People v. Piatkowski, 225 Ill. 2d 551, 565 (2007) (plain error exists when â(1) a
clear or obvious error occurred and the evidence is so closely balanced that the error
- 26 -
alone threatened to tip the scales of justice against the defendant, regardless of the
seriousness of the error, or (2) a clear or obvious error occurred and that error is so
serious that it affected the fairness of the defendantâs trial and challenged the
integrity of the judicial process, regardless of the closeness of the evidenceâ); Ill.
S. Ct. R. 615(a) (eff. Jan. 1, 1967) (plain errors affecting substantial rights may be
noticed although not brought to the trial courtâs attention).
¶ 69 We agree with the State that defendant forfeited the issue by failing to raise it
at sentencing or in his postsentencing motion. See Hillier, 237 Ill. 2d at 544; see
also People v. Jackson, 2022 IL 127256, ¶ 15 (âThis forfeiture rule also prevents
criminal defendants from sitting idly by and knowingly allowing an irregular
proceeding to go forward only to seek reversal due to the error when the outcome
of the proceeding is not favorable.â). Moreover, because we find no clear error
occurred, we find no plain error. See Piatkowski, 225 Ill. 2d at 565.
¶ 70 Whether section 5-4.5-105(a)âs sentencing provisions (730 ILCS 5/5-4.5-
105(a) (West 2016)) applied to defendant presents a question of statutory
interpretation that this court reviews de novo. People v. Hunter, 2017 IL 121306,
¶ 15. âThe cardinal rule in construing a statute is to ascertain and give effect to the
legislative intent.â In re Jarquan B., 2017 IL 121483, ¶ 22. âThe most reliable
indicator of that intent is the plain and ordinary meaning of the statutory language
itself.â Id. âIf the language of a statute is clear and unambiguous, we will give effect
to the statuteâs plain meaning.â Id. â[I]n determining the intent of the legislature,
the court may properly consider not only the language of the statute, but also the
reason and necessity for the law, the evils sought to be remedied, and the purpose
to be achieved.â In re Detention of Lieberman, 201 Ill. 2d 300, 308 (2002). â[A]
court presumes that the legislature did not intend to create absurd, inconvenient, or
unjust results.â People v. Gutman, 2011 IL 110338, ¶ 12.
¶ 71 When defendant was sentenced, subsection (a) provided as follows:
âOn or after the effective date of this amendatory Act *** [(January 1, 2016,
the effective date of Public Act 99-69)], when a person commits an offense and
the person is under 18 years of age at the time of the commission of the offense,
the court, at the sentencing hearing ***, shall consider the following additional
factors in mitigation in determining the appropriate sentence:
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(1) the personâs age, impetuosity, and level of maturity at the time of the
offense, including the ability to consider risks and consequences of
behavior, and the presence of cognitive or developmental disability, or both,
if any;
(2) whether the person was subjected to outside pressure, including peer
pressure, familial pressure, or negative influences;
(3) the personâs family, home environment, educational and social
background, including any history of parental neglect, physical abuse, or
other childhood trauma;
(4) the personâs potential for rehabilitation or evidence of rehabilitation,
or both;
(5) the circumstances of the offense;
(6) the personâs degree of participation and specific role in the offense,
including the level of planning by the defendant before the offense;
(7) whether the person was able to meaningfully participate in his or her
defense;
(8) the personâs prior juvenile or criminal history; and
(9) any other information the court finds relevant and reliable, including
an expression of remorse, if appropriate.â 730 ILCS 5/5-4.5-105(a) (West
2016).
Defendant argues that, pursuant to the statuteâs plain language and this courtâs
precedent, the initial âon or after the effective dateâ clause refers to the date of the
sentencing hearing, not the date of the offense. Defendant asserts that the
intervening phrase identifies to whom the statute applies: persons âunder 18 years
of age at the time of the commission of the offense.â Id.The State counters that the circuit courtâs obligation to consider the sentencing factors under subsection (a) is triggered when, â[o]n or after the effective dateâ of that provision, âa person commits an offense.âId.
The State argues that because defendant committed his
offense in 2013, prior to subsection (a)âs January 1, 2016, effective date, the
provisions did not apply to defendantâs sentencing hearing.
- 28 -
¶ 72 We hereby hold that the version of section 5-4.5-105(a) in effect at the time of
defendantâs sentencing applied to defendant, even though he committed his offense
prior to the sectionâs effective date. This court has implicitly held as such in prior
cases before this court. See People v. Reyes, 2016 IL 119271, ¶ 12 (remanding for
resentencing under section 5-4.5-105(a) even though offense was committed prior
to enactment of the statute); Buffer, 2019 IL 122327, ¶ 47 (same); see also Hunter,
2017 IL 121306, ¶¶ 45-56 (in holding that because subsection (b) (730 ILCS 5/5-
4.5-105(b) (West 2016)), which included juvenile sentencing provisions giving
court discretion not to impose otherwise mandatory firearm enhancements, 5 did
not apply to defendants because they were sentenced well before the new juvenile
sentencing provisions became effective, this court referenced subsection (a)âs
temporal reach, yet it did not identify that temporal reach).
¶ 73 This construction is consistent with the subsectionâs clear purpose: to require
courts sentencing juvenile offenders to consider the many differences between
juvenile offenders and adults. See Miller v. Alabama, 567 U.S. 460, 471 (2012)
(juveniles have diminished culpability, greater prospects for reform, lack of
maturity, underdeveloped senses of responsibility, vulnerabilities to negative
influences and outside pressures, limited control over their environments, an
inability to extricate themselves from crime-producing settings, and less-fixed traits
leading to irretrievable depravity). To construe it otherwise would allow circuit
courts to ignore these additional mitigating factors when sentencing some juvenile
offenders solely because of the date of their offense. This construction of section 5-
4.5-105(a), a sentencing amendment mitigating punishment, is also consistent with
section 4 of the Statute on Statutes (5 ILCS 70/4 (West 2016)), which entitles a
defendant âto be sentenced under either the law in effect at the time the offense was
committed or that in effect at the time of sentencing.â People v. Hollins, 51 Ill. 2d
68, 71 (1972); see Perry v. Department of Financial & Professional Regulation,
2018 IL 122349, ¶ 41 (section 4 of the Statute on Statutes âis triggered where the
legislatureâs intent as to temporal reach is not clearâ). Accordingly, the version of
section 5-4.5-105(a) in effect at the time of defendantâs sentencing applied to
defendant, even though he committed his offense prior to the sectionâs effective
5
As of January 1, 2024, the subsection providing this discretion is subsection (e). See Pub. Act
103-191, § 10 (eff. Jan. 1, 2024) (amending 730 ILCS 5/5-4.5-105).
- 29 -
date. Even so, the record reveals that the circuit court considered the relevant factors
found in section 5-4.5-105(a) when it sentenced defendant.
¶ 74 Defendant argues that the circuit court failed to consider these statutory factors
when sentencing him to an aggregate sentence of 32 years in prison. The State
counters that the record clearly reveals that the circuit court considered the factors.
The State asserts that, when defendant was sentenced, Illinois courts already
recognized the relevance of the factors found in section 5-4.5-105(a): (1) a
defendantâs youth, with all its attendant characteristics, at the time of the offense
(People v. Holman, 2017 IL 120655, ¶ 44, overruled on other grounds, People v.
Wilson, 2023 IL 127666, ¶ 42 (âWe have long held that age is not just a
chronological fact but a multifaceted set of attributes that carry constitutional
significance.â); People v. Miller, 202 Ill. 2d 328, 341-42 (2002) (recognizing youth
as mitigating because of juvenile defendantsâ relative immaturity)), as well as any
cognitive or developmental disability that the defendant had (730 ILCS 5/5-5-
3.1(a)(13) (West 2016) (âintellectual disabilityâ is mitigating); People v. Peeples,
205 Ill. 2d 480, 545-46 (2002) (recognizing âcognitive deficitsâ as mitigating);
People v. Maxwell, 173 Ill. 2d 102, 112 (1996) (recognizing âintellectual and
developmental deficitsâ as mitigating)); (2) whether the defendant was subjected to
any outside pressures that might have led him to commit the offense (730 ILCS
5/5-5-3.1(a)(5) (West 2016) (listing as mitigating factor that defendantâs âcriminal
conduct was induced or facilitated by someone other than the defendantâ); People
v. Jones, 144 Ill. 2d 242, 275, 278 (1991) (recognizing evidence that defendant was
susceptible to peer pressure as mitigating); People v. Ruiz, 132 Ill. 2d 1, 24, 26
(1989) (same with evidence that defendant was â âmore a follower than a leaderâ â
and got involved in gangs due to âneighborhood pressure to joinâ); People v.
Adkins, 41 Ill. 2d 297, 301 (1968) (sentencing court should consider âthe stimuli
which motivate [the defendantâs] conductâ); (3) his family, educational, and social
background, including whether he suffered parental neglect, physical abuse, or
other childhood trauma (730 ILCS 5/5-3-1, 5-3-2(a)(1) (West 2016) (sentencing
court must consider PSI, which must address defendantâs âfamily situation and
backgroundâ); Adkins, 41 Ill. 2d at 301 (sentencing court should consider
defendantâs âsocial environmentsâ and âfamilyâ); see People v. Towns, 182 Ill. 2d
491, 518-19 (1998) (recognizing evidence that defendant had âtroubled childhoodâ
and suffered from âparental abuse and neglectâ as mitigating)); (4) his
rehabilitative potential (People v. Wilson, 143 Ill. 2d 236, 250 (1991) (recognizing
- 30 -
defendantâs rehabilitative potential as mitigating); see Ill. Const. 1970, art. I, § 11
(âAll penalties shall be determined both according to the seriousness of the offense
and with the objective of restoring the offender to useful citizenship.â)); (5) the
circumstances of the offense (730 ILCS 5/5-5-3.1(b) (West 2016) (sentencing court
must consider âthe nature and circumstances of the offenseâ); People v. Saldivar,
113 Ill. 2d 256, 268-69 (1986) (same)); (6) the specific nature of his role in the
offense (Miller, 202 Ill. 2d at 341 (recognizing defendantâs less active or less
culpable role in offense as mitigating)); (7) whether the defendant was
meaningfully able to participate in his defense at trial (People v. Sandham, 174 Ill.
2d 379, 388-89(1996); People v. Johnson,183 Ill. 2d 176, 193-94
(1998)); (8) the
extent of his prior juvenile and criminal history (730 ILCS 5/5-5-3.1(a)(7) (West
2016) (lack of âhistory of prior delinquency or criminal activityâ is mitigating); id.
§§ 5-3-1, 5-3-2(a)(1) (sentencing court must consider PSI, which must address
defendantâs âhistory of delinquency or criminalityâ)); and (9) any other relevant
and reliable evidence (People v. Richardson, 189 Ill. 2d 401, 417 (2000)).
¶ 75 At sentencing, the circuit court stated that it had considered the evidence
presented at trial, which included defendantâs age, the circumstances of the offense,
and defendantâs degree of participation and specific role in the offense, including
that defendant had accompanied the shooters but had not fired a weapon. The circuit
court stated that it had reviewed defendantâs PSI report, which revealed information
on defendantâs family, home environment, educational and social background,
including any history of parental neglect or childhood trauma, and juvenile history.
The circuit court thus considered that defendant, at the age of 15, attempted suicide
by hanging himself, underwent treatment in a two-week hospitalization for
depression, and turned 17 less than two weeks prior to the shooting in this case.
The PSI also revealed that defendantâs mother and father ended their relationship
when he was two years old, at which point he was raised primarily by his mother
and grandmother, and that defendant did not graduate from elementary school and
did not enroll in high school. The circuit court stated that it had considered the
statutory factors in aggravation and mitigation, the financial impact of
incarceration, the arguments of counsel, the victim impact statements, and
defendantâs statement in allocution. These sources presented defendantâs age,
impetuosity, level of maturity, potential for rehabilitation, circumstances of the
offense, degree of participation, and remorse. In defendantâs statement in
allocution, defendant indicated, at 21 years of age, that he was taking responsibility
- 31 -
for his reckless behavior as a juvenile. Defendantâs letter in allocation indicated he
believed he was a reckless child who did not appreciate the risks involved with his
behavior at the time of the offense and that he had matured and wanted to move
away from Chicago, to attend college, and to live a productive life. He indicated
that he recognized the severity of what he had done and illustrated remorse and
accountability. Moreover, both at the initial sentencing hearing and when it later
reduced his sentence from 46 to 32 years, the circuit court stated that it was mindful
of defendantâs youth at the time of the offense.
¶ 76 Accordingly, we hold that the record reveals the circuit courtâs consideration of
the factors found in section 5-4.5-105(a) of the Code prior to sentencing defendant,
and because we find no clear or obvious error, we find no plain error. â âA
reviewing court gives great deference to the trial courtâs judgment regarding
sentencing because the trial judge, having observed the defendant and the
proceedings, has a far better opportunity to consider these factors than the
reviewing court, which must rely on the âcoldâ record.â â People v. Alexander, 239
Ill. 2d 205, 212-13(2010) (quoting People v. Fern,189 Ill. 2d 48, 53
(1999)). This
court must not substitute its judgment for that of the trial court merely because it
would have weighed the factors differently. Id. at 213. Thus, we decline defendantâs
request to remand for resentencing.
¶ 77 CONCLUSION
¶ 78 For the foregoing reasons, we affirm the appellate courtâs judgment, affirming
defendantâs convictions and sentence in the circuit court.
¶ 79 Judgments affirmed.
¶ 80 JUSTICE NEVILLE, dissenting:
¶ 81 The majorityâs opinion legalizes investigative alerts and by doing so makes
arrests by police, without a warrant issued by a judge, the official policy of the
Chicago police. A reviewing court may take judicial notice of matters that are
reliably verifiable from sources of indisputable accuracy or from another courtâs
- 32 -
decisions, like the Appellate Court, First Districtâs, decisions. City of Chicago v.
Pooh Bah Enterprises, Inc., 224 Ill. 2d 390, 396 n.3 (2006) (courts may take judicial
notice of proceedings in other courts). I take judicial notice of First District
decisions, between 2007 and 2024, that discuss investigative alerts. Of 174 appeals,
173 involve Blacks and Latinos (see infra ¶ 196 (defendant Nos. 1 to 173)); 1
investigative alert involves a White person (see infra ¶ 196 (defendant No. 174)).
The cases reveal that 99% of the warrantless arrests made by Chicago police that
result in appeals involve Black and Latinx suspects. See infra ¶ 196 (defendant Nos.
1 to 174)). I find that the First Districtâs decisions establish that investigative alerts
are a systemic, racial policy or practice of Chicago police and that warrantless
arrests are used predominantly to effectuate the arrests of Black and Latinx
suspects. In light of the First Districtâs decisions, I cannot concur in the majorityâs
decision because it legalizes a systemic, racial policy or practice that authorizes the
Chicago police to make warrantless arrests based on race. Therefore, because the
First Districtâs decisions establish that the majorityâs opinion will authorize
systemic, racial policies or practices and will legalize warrantless arrests of Black
and Latinx suspects by the Chicago police, I respectfully dissent.
¶ 82 Additionally, I dissent for the following reasons: (1) because, absent exigent
circumstances, the United States and Illinois Constitutions do not permit
warrantless arrests in the home but Clark, with no exigent circumstances, was
arrested without a warrant in his home; (2) because the Illinois Constitution only
permits warrantless arrests when there are exigent circumstances and there were no
exigent circumstances in Clarkâs case; (3) because the Illinois Constitution only
permits a judge to make probable cause determinations and to issue warrants for a
suspectâs arrest, but in this case the police made an extrajudicial determination
about whether there was probable cause to arrest Clark and issued an investigative
alert (an extrajudicial police warrant), which authorized the police to arrest Clark;
(4) because the disparate impact of the use of investigative alerts demonstrates that
the police ignore the constitution and treat Blacks and Latinx suspects like they
have no rights the police must respect (see Dred Scott v. Sanford, 60 U.S. 393
(1856)) and establish that police appear to use judicial warrants when they arrest
White suspects, but they arrest Black and Latinx suspects in a separate but unequal
system of using investigative alerts (see Plessy v. Ferguson, 163 U.S. 537 (1896));
and (5) because the First Districtâs decisions establish that investigative alerts are a
policy or practice of the Chicago police where the police enforce the warrant
- 33 -
requirement in the constitutions differently based on whether they are arresting a
White suspect or a Black or a Latinx suspect and as a consequence of this disparate
treatment, the Chicago police violate the 2018 consent decree (see Consent Decree,
Illinois v. City of Chicago, No. 17-cv-6260, at 15-16 (N.D. Ill. Jan. 31, 2019),
https://www.chicago.gov/content/dam/city/depts/cpb/supp_info/ConsentDecree
Complete.pdf [https://perma.cc/78H6-YRQB]), a contract made to protect Black
and Latinx suspects from unconstitutional arrests.
¶ 83 I. BACKGROUND
¶ 84 Police spoke with Cragg Hardaway shortly after a shooting incident on July 19,
2013. Police detained Hardaway overnight on July 20, 2013, and brought him to
testify before a grand jury on July 21, 2013. Also on July 21, 2013, based on
Hardawayâs statements, police issued an investigative alert that told all officers they
had probable cause to arrest Clark. Three days after the shooting, on July 22, 2013,
police drove to Clarkâs home and arrested him. Clark filed a motion to quash the
arrest and suppress any evidence obtained as a result of the arrest. Clark claimed
the warrantless arrest violated his rights under the fourth amendment to the United
States Constitution (U.S. Const., amend. IV) and article I, section 6, of the Illinois
Constitution of 1970 (Ill. Const. 1970, art. I, § 6).
¶ 85 At the hearing on the motion, Chicago police officer Patrick Kinney testified
that on July 22, 2013, he went to Clarkâs home. A man answered Kinneyâs knock.
Kinney said he had probable cause to arrest Clark. The man opened the door and
pointed to a back bedroom, where Kinney could see Clark. Kinney, still on the
threshold, told Clark he had âa probable cause investigative alert for his arrest.â
Clark said, âOkay, let me get some clothes.â Kinney admitted he âdid not have
consent to go inside the houseâ but he entered the residence anyway because he did
not âknow what [defendant] was going to grab.â The trial court denied the motion
to suppress, and the appellate court affirmed, holding that warrantless arrests based
on investigative alerts do not violate either the state or the federal constitution, as
long as police have probable cause to arrest. 2021 IL App (1st) 180523-U, ¶¶ 80-
84.
¶ 86 II. THE MAJORITYâS ANALYSIS
- 34 -
¶ 87 The majority starts its analysis with a cursory dismissal of Clarkâs argument
that police violated his constitutional rights by arresting him in his home without a
warrant, finding the argument forfeited. Supra ¶¶ 31-33. Then, applying the
lockstep doctrine adopted in People v. Caballes, 221 Ill. 2d 282, 288-317 (2006),
the majority holds that United States v. Watson, 423 U.S. 411 (1976), supplies a
binding interpretation of the Illinois Constitutionâs warrant requirement. Supra
¶¶ 55-63. The majority holds that, under Watson, police did not violate Clarkâs
constitutional rights because they had probable cause when they arrested Clark on
July 22, 2013. Supra ¶ 35.
¶ 88 III. ANALYSIS
¶ 89 I disagree (1) with the finding that Clark forfeited his argument that police
violated his constitutional rights by arresting him in his home, (2) with the
majorityâs conclusions that this court should follow the lockstep doctrine, and
(3) with the holding that the Watson Courtâs interpretation of the fourth amendment
binds this courtâs interpretation of article I, section 6, of the Illinois Constitution.
¶ 90 First, I would find the home arrest issue sufficiently preserved. Second, I find
the Stateâs evidence, which the trial court explicitly found credible, shows that the
warrantless arrest took place in Clarkâs home and that the putative consent,
following the arrest, did not validate the arrest. Third, I agree with the justices and
commentators who reject the lockstep doctrine. Fourth, this court should reassess
Watson and find that it misrepresents the history of the fourth amendment and
misinterprets the amendment in a manner that subverts its fundamental purpose,
resurrecting general warrants, under which â[p]ersons and places were not
necessarily specified, seizure of papers and effects was indiscriminate, [and]
everything was left to the discretion of the bearer of the warrant.â Nelson B. Lasson,
The History and Development of the Fourth Amendment to the United States
Constitution 26 (Leonard W. Levy ed., De Capo Press 1970). Fifth, I analyze article
I, section 6, of the Illinois Constitution and find that its purpose and its history
support a finding that police may make warrantless arrests only when there are
exigent circumstances or when they actually witness a crime. Finally, I have
examined the racially disparate impact of the use of investigative alerts by Chicago
- 35 -
police and find that the policy and practice violate the City of Chicagoâs duties
under the consent decree entered in federal court in 2018.
¶ 91 A. The Warrantless Arrest of Clark in His Home
Violated His Constitutional Rights
¶ 92 1. Forfeiture
¶ 93 The majority finds that Clark forfeited his argument that the arrest in his home
violated the United States and Illinois Constitutions. The majority does not address
Clarkâs argument that the issue of the arrest in the home falls under the
constitutional issue exception to the forfeiture rule.
¶ 94 Constitutional issues that defense counsel raised at trial that the defendant could
later raise in a postconviction petition are not subject to forfeiture on direct appeal.
People v. Almond, 2015 IL 113817, ¶ 54.
â[W]hen, as here, a defendant fails to raise a constitutional issue in a posttrial
motion but the issue was raised at trial and could be raised in a postconviction
petition âthe interests in judicial economy favor addressing the issue on direct
appeal rather than requiring defendant to raise it in a separate postconviction
petition.â â Id.(quoting People v. Cregan,2014 IL 113600, ¶ 18
).
¶ 95 Almond and Cregan apply here. Clark argued in his motion to quash that his
arrest in his home violated his constitutional right to be âsecure in [his] person[ ]
*** against unreasonable *** seizures.â Ill. Const. 1970, art. I, § 6; U.S. Const.,
amend. IV. The issue is not subject to forfeiture on direct appeal. Almond, 2015 IL
113817, ¶ 54.
¶ 96 2. Standard of Review
¶ 97 The State contends we must limit our consideration of the constitutional issue
to plain error review. But when this court has applied the constitutional issue
exception to the forfeiture rule, it treats the constitutional issue as preserved.
Almond, 2015 IL 113817, ¶ 54; Cregan,2014 IL 113600, ¶¶ 18-23
. Following
- 36 -
Almond and Cregan, this court should review the constitutionality of Clarkâs arrest
under standards applicable to preserved issues.
¶ 98 Thus, under the applicable standard, this court should defer to the trial courtâs
findings of fact on the motion to quash arrest, but the court should review de novo
the trial courtâs legal conclusions. People v. Jones, 215 Ill. 2d 261, 268 (2005);
In re D.G., 144 Ill. 2d 404 (1991).
¶ 99 3. No Exigent Circumstances Validate the Warrantless Arrest
¶ 100 Police arrested Hardaway, the Stateâs identification witness, on July 20, 2013,
the day after the shooting. Early on July 21, 2013, Hardaway made the statements
that, according to the majority, gave police probable cause to arrest Clark. Supra
¶ 62. Two days after the shooting, police could not claim hot pursuit impelled them
to arrest Clark without a warrant. See People v. Abney, 81 Ill. 2d 159, 170 (1980)
(âa case involving a warrantless entry of a suspectâs residence four hours after a
robbery *** âwas not a case of hot pursuit, unless that term is to be stretched beyond
all reasonable meaningâ â (quoting Dorman v. United States, 435 F.2d 385, 393
(D.C. Cir. 1970) (en banc))).
¶ 101 Police then presented Hardaway to a grand jury on July 21, 2013, and also
obtained an investigative alert with probable cause to arrest that same day. The
State has not argued that exigent circumstances excused Clarkâs warrantless arrest
on July 22, 2013, three days after the shooting. I would find that the police made
the warrantless arrest without exigent circumstances. See id. at 169-70 (exigent
circumstances excuse a warrantless arrest if delay to obtain a warrant would impede
investigation and provide the suspect time to avoid capture).
¶ 102 4. Police Arrested Clark in His Home
¶ 103 Clark argues that Kinney arrested him in his home without a warrant. The State
argues that Kinney arrested Clark on the back porch of his auntâs apartment, in a
public place outside Clarkâs home, or, if Kinney arrested Clark in his home, that
the arrest came after Kinney obtained consent to enter the home. We review de novo
the trial courtâs legal conclusions as to where and when the arrest occurred. People
- 37 -
v. Luedemann, 222 Ill. 2d 530, 542-44(2006); People v. Hill,2012 IL App (1st) 102028, ¶ 36
(âthe fact of when an arrest occurs is a legal conclusionâ); United
States v. Tovar-Valdivia, 193 F.3d 1025, 1027 (8th Cir. 1999) (âWhether a
particular seizure amounted to an arrest is a question of law that this court reviews
de novo.â).
¶ 104 In determining when the police placed a person under arrest, the court should
consider âwhether a reasonable person, innocent of any crime, would have
considered himself arrested or free to leave; the intent of the officer and the
understanding of the arrestee; and whether the defendant was told he was free to
leave or that he was under arrest.â People v. Fair, 159 Ill. 2d 51, 66 (1994). For
juveniles, like Clark, the reasonable person standard is modified to take the
juvenileâs youth into account. In re D.L.H., 2015 IL 117341, ¶ 51 (citing People v.
Braggs, 209 Ill. 2d 492, 508-10 (2003)). That is, the court should consider whether
a reasonable juvenile, innocent of any crime, would have considered himself
arrested.
¶ 105 Kinney announced at the door to Clarkâs home that he came to arrest Clark. A
reasonable juvenile, innocent of any crime, would have considered himself
arrested. â âAn arrest requires either physical force *** or, where that is absent,
submission to the assertion of authority.â â (Emphases in original.) People v.
Thomas, 198 Ill. 2d 103, 112(2001) (quoting California v. Hodari D.,499 U.S. 621, 626
(1991)). Under the Fair factors, the arrest occurred when Clark submitted
to Kinneyâs assertion of authority by saying, âOkay.â Thus, the arrest occurred
while Kinney stood outside the house and announced the arrest, when Clark, inside
his home, submitted to Kinneyâs authority.
¶ 106 Although courts have reached differing conclusions as to whether an arrest
across the threshold counts as an arrest in the home, the more persuasive cases find
that the fourth amendment requires a warrant for such arrests. In United States v.
Allen, 813 F.3d 76, 78 (2d Cir. 2016), police, with ample probable cause but no
warrant, went to Allenâs home to arrest him. Allen answered the door when police
knocked. Id. at 79. Police, outside the door, told Allen they would take him to the
police station for processing in connection with allegations Allen committed an
assault. Id. Allen acquiesced to the officers, and after Allen acquiesced, the officers
went inside the home and saw evidence that led them to find a firearm. Id. Allen
- 38 -
filed a motion to quash the warrantless arrest and suppress the evidence found as a
result of the arrest. Id.The district court denied the motion.Id. at 79-80
.
¶ 107 The Court of Appeals for the Second Circuit noted that the United States
Supreme Court expressly â ârefused to lock the Fourth Amendment into instances
of actual physical trespass.â â Id. at 82 (quoting United States v. United States
District Court, 407 U.S. 297, 313 (1972)). The Allen court held:
âIf the rule of Payton, and the fundamental Fourth Amendment protection of
the home on which it is based, are to retain their vitality, the rule must turn on
the location of the defendant, not the officers, at the time of the arrest. We
therefore hold that irrespective of the location or conduct of the arresting
officers, law enforcement may not cause a suspect to open the door of the home
to effect a warrantless arrest of a suspect in his home in the absence of exigent
circumstances.â Id. at 85.
¶ 108 Several courts and commentators have agreed with the reasoning of Allen. â[I]t
is the location of the arrested person, and not the arresting agents, that determines
whether an arrest occurs within a home.â United States v. Johnson, 626 F.2d 753,
757(9th Cir. 1980); see Sharrar v. Felsing,128 F.3d 810, 819-20
(3d Cir. 1997),
abrogated on other grounds by Curley v. Klem, 499 F.3d 199, 209-11 (3d Cir.
2007); United States v. Morgan, 743 F.2d 1158, 1164 (6th Cir. 1984); United States
v. Reeves, 524 F.3d 1161, 1165(10th Cir. 2008); People v. Lujano,176 Cal. Rptr. 3d 534, 544
(Ct. App. 2014); Smith v. State,531 A.2d 302, 308-09
(Md. Ct. Spec.
App. 1987); State v. Peters, 695 S.W.2d 140, 146-47 (Mo. Ct. App. 1985); State v.
George, 317 N.W.2d 76, 80(Neb. 1982); State v. Morse,480 A.2d 183
(N.H.
1984); State v. Holeman, 693 P.2d 89, 91 (Wash. 1985) (en banc); Jennifer Marino,
Does Payton Apply: Absent Consent or Exigent Circumstance, Are Warrantless,
In-Home Police Seizures and Arrests of Persons Seen Through an Open Door of
the Home Legal?, 2005 U. Chi. Legal F. 569 (2005); Caroline Hunt, Casenote,
Reaching Across the Threshold of the Fourth AmendmentâWhy Payton v. New
York Should Be Interpreted Broadly, 70 SMU L. Rev. 189 (2017).
¶ 109 Clark stood in his home when he acquiesced to Kinneyâs assertion of his power
to arrest Clark. In accord with Allen, Johnson, and the cases and commentators who
hold that the location of the person arrested determines whether the arrest
constitutes an arrest in the home, I conclude that the warrantless arrest took place
- 39 -
in Clarkâs home.
¶ 110 5. The Evidence of Postarrest Consent Does
Not Validate the Warrantless Arrest in Clarkâs Home
¶ 111 The majority claims that the warrantless arrest in Clarkâs home did not violate
the fourth amendment because Kinney obtained consent to enter Clarkâs home.
Supra ¶¶ 32-33. And the majority does not acknowledge that the putative
consensual entry occurred only after the arrest. See Thomas, 198 Ill. 2d at 112
(seizure occurs when a defendant yields to an officerâs assertion of authority).
¶ 112 Only voluntary consent validates a warrantless entry. People v. Simpson, 172
Ill. 2d 117, 143-44(1996); United States v. Reed,572 F.2d 412
, 423 n.9 (2d Cir.
1978). â[A]cquiescence to a claim of lawful authorityâ does not constitute
voluntary consent. Bumper v. North Carolina, 391 U.S. 543, 548-49 (1968); see
People v. Davis, 398 Ill. App. 3d 940, 956 (2010) (âConsent is involuntary where
it is solely the result of acquiescence or submission to the assertion of lawful police
authority.â); People v. Johnson, 99 Ill. App. 3d 863, 865-66 (1981).
¶ 113 Kinneyâs testimony establishes that, after he announced that he had probable
cause to arrest Clark, (1) the man who answered the door stepped aside, acquiescing
to Kinneyâs authority, and (2) Clark acquiesced by saying âOkay.â The alleged
subsequent consent cannot validate this warrantless arrest.
¶ 114 6. The Warrantless Arrest in Clarkâs Home Violated the
State and Federal Constitutions
¶ 115 Police arrested Clark in his home without a warrant and without exigent
circumstances, in violation of Clarkâs rights under the fourth amendment to the
United States Constitution (see Payton v. New York, 445 U.S. 573, 588-89 (1980)
(except in exigent circumstances, a warrantless arrest in the home violates the
fourth amendment)) and article I, section 6, of the Illinois Constitution (see People
v. Williams, 161 Ill. 2d 1 (1994) (adopting Payton)). In Coolidge v. New Hampshire,
403 U.S. 443, 450 (1971), the United States Supreme Court held that agents of the
State, like the Chicago police officers here, lack authority to issue valid search or
- 40 -
arrest warrants. Therefore, this court should reverse Clarkâs convictions and
remand for retrial without any evidence obtained as a result of the unconstitutional
arrest.
¶ 116 B. The Use of Investigative Alerts Violates
Article I, Section 6, of the Illinois Constitution
¶ 117 1. Lockstep
¶ 118 Clark separately argues that the warrantless arrest here violated the Illinois
Constitution because no exigency or other circumstance excused the failure to
obtain a warrant. The majority holds that, under Watson, 423 U.S. 411, the arrest
did not violate the fourth amendment to the federal constitution and therefore it
cannot violate the Illinois Constitution. Supra ¶¶ 55-63. The majority relies on
Caballes, 221 Ill. 2d 282, where this court adopted the âlimited lockstepâ doctrine,
holding that decisions of the United States Supreme Court interpreting the United
States Constitution bind this courtâs interpretation of similar provisions in the
Illinois Constitution, unless one of a small set of narrowly defined exceptions
applies. The majority in Caballes discussed and rejected â âflawed federal
analysisâ â (id. at 308 (quoting State v. Gomez, 1997-NMSC-006, ¶ 19,122 N.M. 777
,932 P.2d 1
); id. at 312-13) as a basis for choosing not to adopt the United
States Supreme Courtâs interpretation of the federal constitution as a binding
interpretation of the Illinois Constitution.
¶ 119 a. The United States Supreme Court Has Misinterpreted
the United States Constitution
¶ 120 The United States Supreme Court itself has recognized that, in a significant
number of cases, the United States Supreme Court has misinterpreted the United
States Constitution. The Court found that it erred in its interpretation of the
constitution in Twining v. New Jersey, 211 U.S. 78 (1908), overruled by Malloy v.
Hogan, 378 U.S. 1, 2, 6(1964); Betts v. Brady,316 U.S. 455
(1942), overruled by
Gideon v. Wainwright, 372 U.S. 335, 345(1963); Michigan v. Jackson,475 U.S. 625
(1986), overruled by Montejo v. Louisiana,556 U.S. 778, 798
(2009); Ohio v.
Roberts, 448 U.S. 56(1980), overruled by Crawford v. Washington,541 U.S. 36
- 41 -
(2004); Walton v. Arizona, 497 U.S. 639(1990), overruled by Ring v. Arizona,536 U.S. 584, 589
(2002); Crooker v. California,357 U.S. 433
(1958), overruled by
Miranda v. Arizona, 384 U.S. 436, 479 n.48 (1966); Wolf v. Colorado,338 U.S. 25
(1949), overruled by Mapp v. Ohio, 367 U.S. 643, 653 (1961); Gitlow v. New York,
268 U.S. 652(1925), overruled by Dennis v. United States,341 U.S. 494, 507
(1951); Goesaert v. Cleary, 335 U.S. 464(1948), overruled by Craig v. Boren,429 U.S. 190
, 210 n.23 (1976); National League of Cities v. Usery,426 U.S. 833
(1976),
overruled by Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528,
557(1985); Olmstead v. United States,277 U.S. 438
(1928), overruled by Katz v.
United States, 389 U.S. 347, 352-53(1967); Booth v. Maryland,482 U.S. 496
(1987), overruled by Payne v. Tennessee, 501 U.S. 808, 825 (1991); Grovey v.
Townsend, 295 U.S. 45(1935), overruled by Smith v. Allwright,321 U.S. 649
, 665-
66 (1944); Swain v. Alabama, 380 U.S. 202 (1965), overruled by Batson v.
Kentucky, 476 U.S. 79(1986); Korematsu v. United States,323 U.S. 214
(1944),
overruled by Trump v. Hawaii, 585 U.S. 667, 710 (2018); and Plessy,163 U.S. 537
,
overruled by Brown v. Board of Education of Topeka, 347 U.S. 483, 494-95 (1954).
¶ 121 The United States Supreme Court took more than 50 years to overrule the
mistaken constitutional rulings it imposed on the country in Korematsu and Plessy.
The United States Supreme Court never overruled its decision in Dred Scott, 60
U.S. at 406âthe citizens of this country relieved themselves of the error by
adopting the thirteenth, fourteenth, and fifteenth amendments to the United States
Constitution (U.S. Const., amends. XIII, XIV, XV). See Jamison v. McClendon,
476 F. Supp. 3d 386, 397-98 (S.D. Miss. 2020). This court must not inflict the
United States Supreme Courtâs errors on the citizens of Illinois when this court has
the power to independently interpret the Illinois Constitution.
¶ 122 b. This Court Should Treat Federal Opinions Interpreting the
United States Constitution as Persuasive, Not
Binding, Authority
¶ 123 For the reasons stated in my dissent in People v. Sneed, 2023 IL 127968, ¶¶ 133-
68 (Neville, J., dissenting), and for the reasons stated by Justice Simon, Justice
Freeman, Justice Clark, Justice Heiple, Justice Nickels, and Justice Goldenhersh in
the opinions I cited in that dissent, as well as the reasons stated by the scholars cited
- 42 -
in that dissent, this court must recognize its responsibility as the final interpreter of
the Illinois Constitution and treat United States Supreme Court decisions
interpreting the United States Constitution as persuasive authority, following the
United States Supreme Court when its reasoning persuades us and not following
decisions that do not persuade us. See State v. Gaskins, 866 N.W.2d 1, 6 (Iowa
2015); State v. Hempele, 576 A.2d 793, 800 (N.J. 1990); Parker v. Commonwealth,
440 S.W.3d 381, 388 (Ky. 2014); William J. Brennan Jr., The Bill of Rights and the
States: The Revival of State Constitutions as Guardians of Individual Rights, 61
N.Y.U. L. Rev. 535, 550-51 (1986).
¶ 124 Insofar as Caballes imposed limited lockstep on Illinois, requiring Illinois
courts to follow United States Supreme Court decisions interpreting the constitution
in most circumstances, this court should overrule Caballes. Accordingly, this court
should regard Watson not as a binding interpretation of article I, section 6, but as
authority the State cites for its persuasive force.
¶ 125 Once we recognize that United States Supreme Court opinions interpreting the
United States Constitution provide only persuasive, not binding, authority in
interpreting cognate provisions of the Illinois Constitution, we should determine
whether this court should adopt the Watson majorityâs holding as our interpretation
of article I, section 6.
¶ 126 2. Watson Does Not Persuasively Interpret the
Illinois Constitutionâs Limitation on Arrests
¶ 127 a. The Watson Majority Misrepresented Fourth
Amendment History
¶ 128 The Watson majority defended its decision as an interpretation of the intention
of the original delegates who adopted the fourth amendment to the United States
Constitution. Watson, 423 U.S. at 418-23.
¶ 129 When the United States adopted the Bill of Rights, anyone, including a peace
officer, could arrest a person if a crime punishable by total forfeiture of the
offenderâs lands or goods or death had occurred (see 4 William Blackstone,
Commentaries *95) and the arrester âha[d] reasonable cause for believing the
- 43 -
person arrested to have committed it.â Thomas Y. Davies, Recovering the Original
Fourth Amendment, 98 Mich. L. Rev. 547, 628 (1999) (hereinafter Davies,
Recovering).
¶ 130 In a work of sophistry, the Watson majority transmogrified the extremely
limited common-law authorization for warrantless arrests into an extremely general
authorization for warrantless arrests for any offense now punishable by at least one
year in prisonâbecause legislatures have classified such offenses as âfeloniesâ (see
18 U.S.C. § 1(1) (1970)), the same term used for the very different and far more
limited set of crimes that justified loss of all lands or goods or imposition of the
death penalty. See Watson, 423 U.S. at 438-40 (Marshall, J. dissenting, joined by
Brennan, J.).
¶ 131 Scholars have concluded that the framers intended to restrict severely the
authority of officers to make warrantless arrests. See William John Cuddihy, The
Fourth Amendment: Origins and Original Meaning, at civ (1990) (â[u]nless some
emergency was involved that precluded the use of a warrant, specific warrants were
mandatoryâ); Lasson, supra, at 120; Anthony G. Amsterdam, Perspectives on the
Fourth Amendment, 58 Minn. L. Rev. 349, 396-97 & nn.443-47 (1974); Davies,
Recovering, at 552.
¶ 132 Thus, if the Watson majority intended to interpret the fourth amendment to
uphold the framersâ understanding of the common law at the time of the
amendmentâs adoption, the court would have held that police officers may arrest an
individual without a warrant only if the officer saw the individual commit the
offense or if the officer had probable cause to believe the individual committed one
of the few crimes punishable by complete forfeiture of all oneâs lands or goods or
by death. See Shima Baradaran Baughman, The History of Misdemeanor Bail, 98
B.U. L. Rev. 837, 845 n.61 (2018) (listing the common-law felonies at the time of
the adoption of the United States Constitution); Horace L. Wilgus, Arrest Without
a Warrant, 22 Mich. L. Rev. 541 (1924). It should be noted that the crime at issue
in Watson would have required a warrant under the common law, as would the
crime at issue here. See Davies, Recovering, at 630 n.220.
¶ 133 The Watson majority then misrepresented prior holdings (see Watson, 423 U.S.
at 426 n.1 (Powell, J., concurring)) and reached its conclusion that âan arrest in a
public place for a previously committed felony never requires a warrant, a result
- 44 -
certainly not fairly supported by either history or precedent.â United States v.
Martinez-Fuerte, 428 U.S. 543, 568 (1976) (Brennan, J., dissenting, joined by
Marshall, J.).
¶ 134 b. Watson Eviscerates the Fourth Amendment
¶ 135 The federal constitutionâs framers adopted the fourth amendment âto safeguard
the privacy and security of individuals against arbitrary invasions by governmental
officials.â People v. Dilworth, 169 Ill. 2d 195, 201(1996); see King v. Ryan,153 Ill. 2d 449, 464
(1992). âThe historical judgment, which the Fourth Amendment
accepts, is that unreviewed executive discretion may yield too readily to pressures
to obtain incriminating evidence and overlook potential invasions of privacy ***.â
United States District Court, 407 U.S. at 317; see Morgan Cloud, Searching
Through History; Searching for History, 63 U. Chi. L. Rev. 1707 (1996).
¶ 136 âThe Founding generation crafted the Fourth Amendment as a âresponse to the
reviled âgeneral warrantsâ and âwrits of assistanceâ of the colonial era.â â
Carpenter v. United States, 585 U.S. 296, 303 (2018) (quoting Riley v. California,
573 U.S. 373, 403 (2014)). â[T]he reason the Framers feared and banned general
warrants was precisely because such warrants purported to confer discretionary
authority on the officers who held them.â Thomas Y. Davies, The Fictional
Character of Law-and-Order Originalism: A Case Study of the Distortions and
Evasions of Framing-Era Arrest Doctrine in Atwater v. Lago Vista, 37 Wake Forest
L. Rev. 239, 399 (2002) (hereinafter Davies, Fictional Character) (citing 2 Legal
Papers of John Adams, at 140-43 (L. Kinvin Wroth & Hiller B. Zobel eds., Belknap
Press 1965)).
¶ 137 Watson and other fourth amendment decisions âmark[ ] the continuing
evisceration of Fourth Amendment protections against unreasonable searches and
seizures.â Martinez-Fuerte, 428 U.S. at 567 (1976) Brennan, J, dissenting. â[T]he
assault on our basic liberties and freedoms by government itself has become a ***
serious and potentially destructive social problem.â People v. Mitchell, 165 Ill. 2d
211, 235 (1995) (Heiple, J., dissenting). â[T]he Fourth Amendment and the rest of
the Bill of Rights were created to protect individuals from the government abuses
of old Englandâabuses that have reemerged, in substantial part, because of Watson
and Terry.â Ryan Miller, Note, The Enduring Value of the Past: Why History
- 45 -
Suggests the Supreme Court Reconsider Watson, Terry, and the Doctrine That
Followed, 59 Harv. C.R.-C.L. L. Rev. 465, 484 (2024).
¶ 138 Davies summarized the effect of the Supreme Courtâs fourth amendment
decisions:
âthe practical result of the discretionary arrest authority *** is that âthe liberty
of every [person is placed] in the hands of every petty officerâ and every petty
officer is positioned to âlord it overâ the citizen. *** [The fourth amendment
decisions] empower[ ] petty officers to act with the sort of unfettered,
âtyrannicalâ power the Framers thought they had prohibited in the Fifth and
Fourth Amendments.â Davies, Fictional Character, at 400 (quoting 2 Legal
Papers of John Adams, at 142).
âThe type of policing enabled by Terry and its progeny resembles the general
warrants and writs of assistance that the Framers âoutspokenly opposed.â â Miller,
supra, at 518 (quoting Watson, 423 U.S. at 429 (Powell, J., concurring)). The
Watson decision gives police a general warrant to arrest anyone whenever police
officers themselves conclude they have probable cause to believe the suspect
committed a felonyâWatson is the general warrant the constitutionâs framers
sought to ban.
¶ 139 Wayne LaFave aptly reflected,
âgiven the pervasiveness of such minor offenses and the ease with which law
enforcement agents may uncover them in the conduct of virtually everyone, [if
such pretexts are allowed,] *** there exists [on the part of law enforcement
agents] âa power that places the liberty of every man in the hands of every petty
officer,â precisely the kind of arbitrary authority which gave rise to the Fourth
Amendment.â 1 Wayne R. LaFave, Search and Seizure § 1.4(e), at 123 (3d ed.
1996) (quoting 2 Legal Papers of John Adams, at 142).
This court should reject the Watson Courtâs resurrection of general warrants and its
subversion of the fourth amendment.
¶ 140 3. Article I, Section 6
- 46 -
¶ 141 Because this court should find that Watson does not provide a persuasive
interpretation of article I, section 6, this court should look to other sources for
construction of that section. Article I, section 6, of the Illinois Constitution of 1970
provides:
âThe people shall have the right to be secure in their persons, houses, papers
and other possessions against unreasonable searches, seizures, invasions of
privacy or interceptions of communications by eavesdropping devices or other
means. No warrant shall issue without probable cause, supported by affidavit
particularly describing the place to be searched and the persons or things to be
seized.â Ill. Const. 1970, art. I, § 6.
¶ 142 We use the same general principles that apply to statutes when we interpret the
constitution. Kanerva v. Weems, 2014 IL 115811, ¶ 36. We seek to âgive effect to
the common understanding of the citizens who adopted it.â Blanchard v. Berrios,
2016 IL 120315, ¶ 16. We look first to the plain language used in its natural and
popular meaning when the constitutional provision was adopted. Rowe v. Raoul,
2023 IL 129248, ¶ 21. If the plain language does not answer the question presented,
we interpret the words â âin light of the history and condition of the times, and the
particular problem which the convention sought to address.â â Kanerva, 2014 IL
115811, ¶ 36(quoting Client Follow-Up Co. v. Hynes,75 Ill. 2d 208, 216
(1979)).
¶ 143 a. Article I, Section 6, Does Not Expressly Answer the
Question Before Us
¶ 144 In one sentence article I, section 6, bans unreasonable seizures; in the second
sentence the section restricts the issuance of warrants. The fourth amendment has
two similar, separate clauses in a single sentence. Neither constitutional provision
expressly answers the question before us, namely, whether a police officer must
obtain a warrant to render an arrest reasonable under each respective constitutionâ
or, conversely, whether it is âunreasonableâ to arrest a person without a warrant
issued by a neutral and detached magistrate.
¶ 145 Ultimately, we must determine what limitations on police power the citizens of
Illinois intended to impose when they adopted article I, section 6, of the Illinois
Constitution. We make that determination by looking to the purpose and history of
- 47 -
the constitutional provision, by balancing the governmentâs interest in the intrusion
against the individualâs interest in protection against the intrusion, and by reviewing
other persuasive authority. See id.; see, e.g., People v. Boeckmann, 238 Ill. 2d 1,
11-12 (2010) (in considering constitutional issues, this court may look to the
decisions of sister states as persuasive authority). When looking at each of these
considerations the answer becomes clear: except in exigent circumstances, an arrest
made without a warrant is an unreasonable seizure under article I, section 6, of the
Illinois Constitution.
¶ 146 b. Purpose of Article I, Section 6
¶ 147 The delegates to the constitutional convention adopted article I, section 6, â âto
safeguard the privacy and security of individuals against arbitrary invasionsâ â by
governmental officials. People v. Colyar, 2013 IL 111835, ¶ 31 (quoting People v.
McDonough, 239 Ill. 2d 260, 266 (2010)). Its purpose largely matches the purpose
of the fourth amendment. Article I, section 6, like the fourth amendment, addresses
âstandardless and unconstrained discretion [as] the evil the Court has discerned
when in previous cases it has insisted that the discretion of the official in the field
be circumscribed.â Delaware v. Prouse, 440 U.S. 648, 661 (1979).
¶ 148 c. The History of Article I, Section 6
¶ 149 John Dvorak, the delegate to the Sixth Illinois Constitutional Convention who
drafted article I, section 6, of the Illinois Constitution, explained that section 6
introduces âno new conceptsâ regarding search and seizure. 3 Record of
Proceedings, Sixth Illinois Constitutional Convention 1524 (statements of Delegate
Dvorak). Dvorak referred to Katz, 389 U.S. 347, as established law. 3 Record of
Proceedings, Sixth Illinois Constitutional Convention 1525 (statements of Delegate
Dvorak). The United States Supreme Court, in Katz, reasserted the general
principle:
âSearches conducted without warrants have been held unlawful
ânotwithstanding facts unquestionably showing probable cause,â [citation], for
the Constitution requires that the deliberate, impartial judgment of a judicial
officer . . . be interposed between the citizen and the police . . . . [Citation.] Over
- 48 -
and again this Court has emphasized that the mandate of the [Fourth]
Amendment requires adherence to judicial processes, [citation], and that
searches conducted outside the judicial process, without prior approval by judge
or magistrate, are per se unreasonable under the Fourth Amendmentâsubject
only to a few specifically established and well-delineated exceptions.â (Internal
quotation marks omitted.) Katz, 389 U.S. at 357.
¶ 150 In 1970, the prevailing interpretation of the Fourth Amendment applied the
warrant requirement to nearly all searches and seizures. Silas J. Wasserstrom, The
Incredible Shrinking Fourth Amendment, 21 Am. Crim. L. Rev. 257, 257-58
(1984); see Nadine Strossen, The Fourth Amendment in the Balance: Accurately
Setting the Scales Through the Least Intrusive Alternative Analysis, 63 N.Y.U. L.
Rev. 1173, 1193 (1988).
¶ 151 In accord with the conventional interpretation of search and seizure law, as
courts understood the law in 1970, Dvorak said that under article I, section 6,
âfor a governmental officerâa police officerâto obtain [an] *** arrest
warrantâthey have to go before a judicial officer to determine in fact that there
is probable cause for the *** seizure, support that by affidavit, and describe the
*** persons *** to be seized. Then, and only then, is it legal ***.â 3 Record of
Proceedings, Sixth Illinois Constitutional Convention 1524 (statements of
Delegate Dvorak).
¶ 152 The history of article I, section 6, supports the conclusion that the delegates who
approved the inclusion of the article in the draft constitution understood it to require
police to obtain a warrant before making an arrest, unless exigent circumstances or
another narrow exception to the warrant requirement excused the lack of a warrant.
¶ 153 d. Balancing Test
¶ 154 When this court has interpreted article I, section 6, in prior decisions, we have
balanced the governmentâs interest in the intrusion against the individualâs interest
in protection against the intrusion. âDecisions involving *** the Illinois
Constitutionâs article I, section 6, require that we carefully balance the legitimate
aims of law enforcement against the right of our citizens to be free from
- 49 -
unreasonable governmental intrusion.â People v. Tisler, 103 Ill. 2d 226, 245 (1984).
Like the United States Supreme Court in its application of the fourth amendment,
we balance the competing interests on a categorical basis. Michigan v. Summers,
452 U.S. 692, 705 n.19 (1981) (applying balancing test categorically); see People
v. Krueger, 175 Ill. 2d 60, 75 (1996) (Illinoisâs test for search and seizure is like the
United States Supreme Courtâs balancing test).
¶ 155 i. Police WarrantsâInvestigative Alerts
¶ 156 Chicago Police Department (CPD) Special Order S04-16, issued December 18,
2018, shows that the CPD officially makes a practice of arresting on the basis of
investigative alerts. See Chi. Police Depât, Investigative Alerts, Special Order S04-
16 (eff. Dec. 18, 2018), https://directives.chicagopolice.org/#directive/public/6332
[https://perma.cc/NJ3T-TDYM]; People v. Smith, 2022 IL App (1st) 190691, ¶ 12
(Chicago police officer testified that he did not try to obtain an arrest warrant
because â âit is not common practiceâ â). Accordingly, this court should apply the
balancing test to the practice of arresting individuals on the basis of investigative
alerts, without seeking approval of a neutral magistrate prior to the arrest. The court
should determine âwhether the needs of citizens for privacy *** may not be better
protected by requiring a warrant beforeâ the arrest. United States District Court,
407 U.S. at 315.
¶ 157 ii. Exigent Circumstances Exception
¶ 158 The State argues that requiring warrants, except in exigent circumstances, will
substantially undermine the Stateâs ability to enforce the law. The State and amici
do not address the effect of Illinois laws permitting police officers to obtain judicial
warrants quickly. The Code of Criminal Procedure of 1963 provides:
âThe arrest warrant or summons may be issued electronically or
electromagnetically by use of electronic mail or a facsimile transmission
machine and any such arrest warrant or summons shall have the same validity
as a written arrest warrant or summons.â 725 ILCS 5/107-9(h) (West 2022).
- 50 -
¶ 159 The State and amici do not contend that the process for obtaining investigative
alerts takes less time than the process for obtaining warrants electronically as
permitted by section 107-9(h). Courts have responded quickly to electronic requests
for warrants. See Tracy Hresko Pearl, On Warrants & Waiting: Electronic
Warrants & the Fourth Amendment, 99 Ind. L.J. 1, 2-3 (2023). âIt can take up to a
full day for a supervisor to approve the request for an investigative alert.â People
v. Bass, 2019 IL App (1st) 160640, ¶ 68, affâd in part & vacated in part,2021 IL 125434
. I do not see any timing benefit, or any other clear benefit (supra ¶ 54), to
the people of Illinois from the practice of using investigative alerts, issued by police
officers, instead of arrest warrants issued by courts, when police effectuate arrests.
¶ 160 iii. Benefits of Judicial Warrants
¶ 161 I find that the people of Illinois would benefit from a general practice of
requiring judicially approved warrants for arrests. See Johnson v. United States,
333 U.S. 10, 14-15 (1948). The United States Supreme Courtâs explanation of the
fourth amendment also explains Illinoisâs constitutional warrant requirement:
âThe point of the Fourth Amendment, which often is not grasped by zealous
officers, is not that it denies law enforcement the support of the usual inferences
which reasonable men draw from evidence. Its protection consists in requiring
that those inferences be drawn by a neutral and detached magistrate instead of
being judged by the officer engaged in the often competitive enterprise of
ferreting out crime. Any assumption that evidence sufficient to support a
magistrateâs disinterested determination to issue a search warrant will justify
the officers in making a search without a warrant would reduce the Amendment
to a nullity and leave the peopleâs homes secure only in the discretion of police
officers. *** When the right of privacy must reasonably yield to the right of
search is, as a rule, to be decided by a judicial officer, not by a policeman or
government enforcement agent.â Id. at 13-14.
¶ 162 e. Postarrest Judicial Review Does Not
Sufficiently Protect Citizensâ Constitutional Rights
- 51 -
¶ 163 The State contends citizens do not need the protection afforded by judicial
approval of an arrest warrant prior to the arrest as long as judges can review the
evidence after the arrest to determine whether police acted reasonably. In Katz, the
case Representative Dvorak cited as authority on search and seizure law, the United
States Supreme Court forcefully and persuasively rejected the argument now
advanced by the State:
â[The Government] argues that *** [it] should be exempted from the usual
requirement of advance authorization by a magistrate upon a showing of
probable cause. We cannot agree. Omission of such authorization
bypasses the safeguards provided by an objective predetermination of
probable cause, and substitutes instead the far less reliable procedure of an
after-the-event justification for the . . . [seizure], too likely to be subtly
influenced by the familiar shortcomings of hindsight judgment. [Citation.]
And bypassing a neutral predetermination of the scope of a [seizure] leaves
individuals secure from Fourth Amendment violations only in the discretion of
the police.â (Internal quotation marks omitted.) Katz, 389 U.S. at 358-59.
See William J. Stuntz, Warrants and Fourth Amendment Remedies, 77 Va. L. Rev.
881, 912-13 (1991) (noting the problem of ex post bias in suppression rulings).
¶ 164 Thus, the use of warrants issued by neutral magistrates for all arrests in
nonexigent circumstances provides important protections, against overreaching by
police officers, for the individualâs constitutional rights to security and privacy.
â[P]rosecutors and policemen simply cannot be asked to maintain the requisite
neutrality with regard to their own investigations ***.â Coolidge, 403 U.S. at 450.
The people of Illinois suffer a significant detriment from the lack of judicial
supervision prior to arrests in nonexigent circumstances. The State has shown no
significant advantage the people of Illinois gain from the use of investigative alerts
to counter that detriment. Balancing the governmentâs interest in the investigative
alert procedure against the peopleâs interest in security and their right to privacy, I
find no justification for the use of investigative alerts as a basis for arrest.
- 52 -
¶ 165 f. Persuasive Authority Supports a Warrant Requirement for
Arrests in Nonexigent Circumstances
¶ 166 The United States Supreme Court, in many persuasive cases before Watson,
repeated the basic constitutional requirement that, except in exigent circumstances,
police must obtain a judicial warrant before making any arrest. See, e.g., McDonald
v. United States, 335 U.S. 451, 456(1948); Coolidge,403 U.S. at 450
.
¶ 167 Some courts have rejected Watson and found that state constitutions required
warrants for arrests unless exigencies excused the lack of a warrant. The Supreme
Court of New Mexico, interpreting constitutional language similar to the language
of the Illinois Constitution, found that the Watson majority did not control the New
Mexico courtâs interpretation of the New Mexico Constitution. The court held:
â[F]or a warrantless arrest to be reasonable the arresting officer must show that
the officer had probable cause to believe that the person arrested had committed
or was about to commit a felony and some exigency existed that precluded the
officer from securing a warrant.â Campos v. State, 1994-NMSC-012, ¶ 14,117 N.M. 155
,870 P.2d 117
.
See State v. Short, 851 N.W.2d 474, 502 (Iowa 2014) (âBy involving a neutral
magistrate, the warrant requirement ensures that probable cause is evaluated not by
overzealous law enforcement officers.â); State v. Elison, 2000 MT 288, ¶ 46,302 Mont. 228
,14 P.3d 456
; People v. Avasino,338 N.Y.S.2d 73, 79
(Crim. Ct. 1972);
Commonwealth v. McMahon, 2022 PA Super 133, ¶ 3; State v. Berrios,235 S.W.3d 99, 104
(Tenn. 2007).
¶ 168 Applying the persuasive reasoning of the New Mexico Supreme Courtâs
opinion in Campos, along with the decisions of the courts of Iowa, Montana, New
York, Pennsylvania, and Tennessee, and adopting the words of Delegate Dvorak,
this court should hold that the Illinois Constitution requires police to obtain a
warrant for any arrest unless police can show that exigent circumstancesâ
insufficient time to obtain a judicial warrantâexcused the failure to obtain a
warrant.
- 53 -
¶ 169 g. No Long-Standing State Tradition Permits Warrantless
Arrests in Nonexigent Circumstances
¶ 170 The majority cites five cases decided before 1970 for its assertion that âlong-
standing state tradition is to allow warrantless arrests based on probable cause.â
(Emphasis in original.) Supra ¶ 56. The majority implies that the cases support
warrantless arrests even when no exigency excuses the failure to obtain a warrant.
One of the cited cases, People v. Henneman, 373 Ill. 603, 606 (1940), held that
police lacked probable cause to arrest the defendant and did not discuss exigency.
Three of the other cases fall under the general rule restated in People v. Mahaffey,
166 Ill. 2d 1, 25 (1995). In that case an informant gave police âdetailed information
regarding the offenses and the offenders, and, prior to the defendantâs arrest, the
officers were able to verify a number of facts related to them by the informant. In
addition, there was the likelihood that the defendant would flee if he were not
apprehended quickly.â Id. The Mahaffey court held that exigent circumstances
excused the failure to obtain a warrant. Id. The majorityâs cited cases, People v.
Jones, 16 Ill. 2d 569, 572-74(1959), People v. Tillman,1 Ill. 2d 525, 530-31
(1953),
and People v. Bambulas, 42 Ill. 2d 419, 421-22 (1969), all exemplify the general
rule: if a source gives police reason to further investigate and in the course of
investigation the police obtain probable cause to arrest the suspect, exigent
circumstances may excuse the failure to obtain a warrant.
¶ 171 The majority also cites three cases decided after Watson had completely altered
the landscape of fourth amendment analysis, People v. Grant, 2013 IL 112734,
¶ 11, People v. Jackson,232 Ill. 2d 246, 274-75
(2009), and People v. Montgomery,
112 Ill. 2d 517, 525 (1986). Those cases do not show an Illinois tradition unaffected
by the Watson Courtâs errors.
¶ 172 The statement of facts in the majorityâs final case, People v. Swift, 319 Ill. 359,
363 (1925), does not expressly show exigency. Notably, the drafters of the Illinois
Constitution of 1970 did not refer to Swift (or any of the other cases the majority
cites) in the discussion of article I, section 6. The sponsor of the amendment
expressly relied on Katz, 389 U.S. at 357, the case in which the United States
Supreme Court persuasively held âthe Constitution requires âthat the deliberate,
impartial judgment of a judicial officer . . . be interposed between the citizen and
the policeâ â (quoting Wong Sun v. United States, 371 U.S. 471, 481-82 (1963)).
- 54 -
The majority has not shown that a long-standing Illinois tradition justifies removal
of the requirement that, except in exigent circumstances, police must obtain a
warrant issued by an impartial judicial officer before making an arrest.
¶ 173 4. Section 107-2(1) Does Not Support
Warrantless Arrests
¶ 174 The majority also claims that section 107-2(1) of the Code of Criminal
Procedure of 1963 (725 ILCS 5/107-2(1) (West 2022)) supports application of the
Watson Courtâs interpretation of the fourth amendment to the Illinois Constitution.
Supra ¶ 36. This court interpreted section 107-2 in 1980, when it provided, âA
peace officer may arrest a person when *** [h]e has reasonable grounds to believe
that the person is committing or has committed an offenseâ (Ill. Rev. Stat. 1977,
ch. 38, § 107-2(c)). See Abney, 81 Ill. 2d at 167-68. This court held that, to uphold
the constitutionality of the statute, âthe principles of the exigent-circumstances rule
*** have been judicially engrafted upon the statute. The statute, as construed, is
thus in compliance with the constitutional guidelines.â Id. at 168.
¶ 175 Section 107-2 does not support applying the Watson Courtâs interpretation of
the fourth amendment to the Illinois Constitution. Section 107-2, in accord with
article I, section 6, of the Illinois Constitution, requires police to obtain a warrant
for any arrest, except in exigent circumstances. Id.
¶ 176 The Illinois Constitution establishes the warrant requirement as a basic
protection against the abuse of police power. The warrantless arrest of Clark in
nonexigent circumstances violated his rights under article I, section 6, of the Illinois
Constitution. Because police made a warrantless arrest based on an investigative
alert, when no exigency excused the failure to obtain a judicial warrant, this court
should reverse the appellate courtâs judgment and remand the case to the circuit
court for a trial without the evidence obtained as a result of the unconstitutional
warrantless arrest.
¶ 177 5. The Majorityâs Decision Approves a
Racially Discriminatory Practice
- 55 -
¶ 178 Under the majorityâs ruling, police have unfettered discretion to decide whether
they have probable cause to arrest anyone. This court should recognize the practical
effect of such unfettered discretion. As one scholar wrote, âThe dirty little secret of
policing is that the Supreme Court has actually granted the police license to
discriminate.â Michelle Alexander, The New Jim Crow: Mass Incarceration in the
Age of Colorblindness 130 (rev. ed. 2011). People of color, especially Blacks, feel
the pain of the boundless discretion granted to the police when deciding whom to
arrest on an investigative alert. Recently, in large part due to the availability of
video evidence, the wider public has become aware of, or at least no longer able to
ignore, the disparate treatment between Whites, Blacks, and Latinx individuals by
the CPD. In the wake of the Chicago police shooting of Laquan McDonald, both
the City of Chicago and the Department of Justice undertook investigations into
CPD policies and practices.
¶ 179 CPDâs own data spotlighted the disparate treatment. Of the 250,000 traffic stops
in the summer of 2014 not leading to an arrest, 72% of those stopped were Black,
compared to 17% Latinx and 9% White. Police Accountability Task Force,
Executive Summary, Recommendations for Reform: Restoring Trust Between the
Chicago Police and the Communities They Serve 10 (2016), https://www.chicago
patf.org/wp-content/uploads/2016/04/PATF_Final_Report_Executive_Summary_
4_13_16-1.pdf [https://perma.cc/42ER-JP3Q] (hereinafter Executive Summary). In
predominantly White neighborhoods, Blacks fared even worse. Police
Accountability Task Force, Report, Recommendations for Reform: Restoring Trust
Between the Chicago Police and the Communities They Serve 37 (2016),
https://chicagopatf.org/wp-content/uploads/2016/04/PATF_Final_Report_4_13_
16-1.pdf [https://perma.cc/YAX3-PCLL] (hereinafter Report). In District 18,
Blacks accounted for 57.7% of all stops even though Blacks made up only 9.1% of
the population. Id. In District 19, Blacks accounted for 51.1% of all stops even
though Blacks made up only 6.6% of the population. Id.
¶ 180 Black and Latinx drivers were searched approximately four times as often as
White drivers, yet contraband was found on White drivers twice as often as Black
and Latinx drivers. Executive Summary, supra, at 9. In a 2015 survey, nearly 70%
of young Black males reported being stopped by police in the prior 12 months. Id.
at 10. The disparate treatment in policing is seen in areas other than police stops.
- 56 -
From 2008 to 2013, CPD set up 84% of driving under the influence checkpoints in
predominantly Black and Latinx police districts. Report, supra, at 40.
¶ 181 The Police Accountability Task Force, in its executive summary, found that
there was âsubstantial evidence that people of colorâparticularly African-
Americansâhave had disproportionately negative experiences with the police over
an extended period of time.â Executive Summary, supra, at 14. âThere is also
substantial evidence that these experiences continue today through significant
disparate impacts associated with the use of force, foot and traffic stops and bias in
the police oversight system itself.â Id.
¶ 182 A 2022 report by the City of Chicago Office of Inspector General, titled Report
on Race- and Ethnicity-Based Disparities in the Chicago Police Departmentâs Use
of Force, confirms that the racially disparate treatment continues:
âThe quantitative evidence from investigatory stop and traffic stop data
shows an overwhelming disparity in the rates at which Black and non-Black
people were stopped by the police. The overrepresentation of Black people
among those stopped by the police was consistent across traffic stops and
investigatory stops, and it was persistent across every CPD District,
notwithstanding differences in District crime rates and the demographic
composition of District populations.â Office of Inspector Gen., City of Chi.,
Report on Race- and Ethnicity-Based Disparities in the Chicago Police
Departmentâs Use of Force 31 (2022), https://www.igchicago.org/wp-content/
uploads/2022/02/Use-of-Force-Disparities-Report.pdf [https://perma.cc/
7NLG-7PVK].
¶ 183 As discussed in the introduction to this dissent, my review of appellate court
cases dealing with investigative alerts is consistent with the disparate treatment
established by these statistics.
¶ 184 With these practical realities in mind, I am unwilling to legalize warrantless
arrests as reasonable under the Illinois Constitution. âDiscrimination on the basis
of race, odious in all aspects, is especially pernicious in the administration of
justice.â Rose v. Mitchell, 443 U.S. 545, 555 (1979). And racial discrimination that
is âmore covert and less overtâ is no less offensive to the Illinois Constitution where
the results are the same for affected communities. See Flowers v. Mississippi, 588
- 57 -
U.S. 284, 296 (2019). â[R]andom and degrading stops and searches of [Black]
youth tell kids that they are pariahs, that no matter how hard they study, they will
remain potential suspects.â (Internal quotation marks omitted.) Alexander, supra,
at 200. The racial impacts of policing and the criminal justice system, so devastating
to the Black and Latinx communities, have for too long been relegated to
irrelevancy in court decisions.
¶ 185 Take, for instance, Whren v. United States, 517 U.S. 806 (1996), where the
United States Supreme Court held that a traffic stop is reasonable under the fourth
amendment even if the subjective reason for the stop was the suspectâs race. As
long as officers spotted any minor traffic infraction, they could effectuate a stop
and search for more serious criminal activity. See id. at 814 (âthe Fourth
Amendmentâs concern with âreasonablenessâ allows certain actions to be taken in
certain circumstances, whatever the subjective intentâ (emphasis in original)). The
Court concluded that, while âthe Constitution prohibits selective enforcement of
the law based on considerations such as race,â âthe constitutional basis for objecting
to intentionally discriminatory application of laws is the Equal Protection Clause,
not the Fourth Amendment.â Id. at 813. But the equal protection clause provides
little relief for communities affected by systemic racial disparities in policing. Even
where a system is clearly turning out racially disparate results, a defendant âmust
prove that the decisionmakers in his case acted with discriminatory purpose.â
(Emphasis in original.) McCleskey v. Kemp, 481 U.S. 279, 292 (1987).
¶ 186 The result of these investigative alert cases is simple. Police are given expansive
discretion to stop, search, and arrest individuals of color. âUnbridled discretion
inevitably creates huge racial disparities.â Alexander, supra, at 103. By legalizing
police discretion, the courthouse doors are closed to âall claims by defendants and
private litigants that the criminal justice system operates in a racially discriminatory
fashion.â Id.¶ 187 As Justice Sotomayor explained in her dissent in Utah v. Strieff,579 U.S. 232
,
252 (2016) (Sotomayor, J., dissenting), police have already been given an âarray of
instruments to probe and examineâ individuals. âWhen we condone officersâ use of
these devices without adequate cause, we give them reason to target pedestrians in
an arbitrary manner. We also risk treating members of our communities as second-
- 58 -
class citizens.â Id.
¶ 188 6. Arrests Based on Investigative Alerts Violate the
Consent Decree
¶ 189 In 2017 the State of Illinois sued the City of Chicago in federal court, seeking
to enjoin the CPD â âfrom engaging in a repeated pattern of using excessive force,
including deadly force, and other misconduct that disproportionately harms
Chicagoâs African American and Latino residents.â â Illinois v. City of Chicago,
No. 17-cv-6260, 2019 WL 398703, at *1 (N.D. Ill. Jan. 1, 2019). The parties
resolved the case in 2018, with the approval of the federal court, by entering into a
consent decree, which provided:
âCPD will provide police services to all members of the public without bias and
*** without reference to stereotype based on race, color, ethnicity, *** or
criminal history.
***
*** CPD will *** ensure that its policies and practices prohibit
discrimination on the basis of *** race [or] color ***. ***
*** CPD will continue to require that all CPD members interact with all
members of the public in an unbiased, fair, and respectful manner. ***
*** CPD will prohibit officers from using race, ethnicity, [or] color ***
when making routine or spontaneous law enforcement decisions ***.â Consent
Decree, Illinois v. City of Chicago, No. 17-cv-6260, at 15-16 (N.D. Ill. Jan. 31,
2019), https://www.chicago.gov/content/dam/city/depts/cpb/supp_info/
ConsentDecreeComplete.pdf [https://perma.cc/78H6-YRQB].
¶ 190 The consent decree is both a contract between the parties and an order of the
court. Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367, 378 (1992); Williams
v. Vukovich, 720 F.2d 909, 920 (6th Cir. 1983) (A consent decree is both âa
voluntary settlement agreement which could be fully effective without judicial
interventionâ and âa final judicial order [Citations.] Judicial approval of a
settlement agreement places the power and prestige of the court behind the
- 59 -
compromise struck by the parties.â). Courts may exercise their contempt powers to
enforce consent decrees. Spallone v. United States, 493 U.S. 265, 276 (1990)
(â âcourts have inherent power to enforce compliance with their lawful orders
through civil contemptâ â (quoting Shillitani v. United States, 384 U.S. 364, 370
(1966))).
¶ 191 A pattern or practice of continuing racial discrimination in law enforcement
violates the consent decree. âWhere gross statistical disparities can be shown, they
alone may in a proper case constitute prima facie proof of a pattern or practice of
discrimination.â Hazelwood School District v. United States, 433 U.S. 299, 307-08
(1977). The police departmentâs statistics show that police, left with unbridled
discretion to arrest, exercise that discretion in racially discriminatory ways.
¶ 192 I have taken judicial notice of the 183 criminal cases in Cook County published
in the Illinois Appellate Court reports or resolved by a Rule 23 order between 2007
and 2024 involving investigative alerts (see infra ¶ 196 (defendant Nos. 1 to 174
and Nos. 175 to 183)). In 154 of those cases, the alerts targeted Black men and
women for arrest (see infra ¶ 196 (defendant Nos. 1 to 154)), 19 alerts named Latinx
men (see infra ¶ 196 (defendant Nos. 155 to 173)), and 1 named a White woman
(see infra ¶ 196 (defendant No. 174)). I could not obtain arrest photographs of the
persons named for arrest in 16 cases, but in 7 of those cases, witnesses described
the arrested suspect as Black (see infra ¶ 196 (defendant Nos. 146 to 152)).
Although I believe the remaining nine cases involved arrests of Blacks (based on
descriptions of the persons involved and the locations of the incidents), I do not rely
on those arrests for my conclusions (see infra ¶ 196 (defendant Nos. 175 to 183)).
The First Districtâs decisions involving investigative alerts from 2007 until 2024
further show that the use of alerts fosters racial discrimination in arrests, and
therefore, the continuing practice violates the 2018 consent decree.
¶ 193 IV. CONCLUSION
¶ 194 In sum, the majorityâs blind obedience to Watson and its approval of warrantless
arrests constructs a court-erected bridge around the constitution and confers on the
police when there are no exigent circumstances (1) the judicial power to determine
probable cause to arrest, (2) the judicial power to issue police warrants
(investigative alerts) with no expiration date and nationwide effect, and (3) the
- 60 -
power to arrest without a judicial warrant. The bridge around the constitution here
has the especially pernicious effect of approving the warrantless arrest of Clark, a
juvenile, in his home. This court should not authorize police to discretionarily arrest
individuals with no independent judicial probable cause determination. An arrest is
the most damning restriction on an individualâs liberty outside of imprisonment.
For such a drastic infringement of the constitutional right to liberty, a judge should
make the independent decision that probable cause exists to arrest.
¶ 195 Therefore, until this court holds that the only time it is reasonable for police to
make a warrantless arrest is when there are exigent circumstances, communities of
color in Illinois will return to the days of Dred Scott (Blacks and Latinx have no
rights a police officer must respect) and Plessy (it is permissible for police officer
to have separate and unequal interpretations of the warrant clause in the
constitutionâone for Whites and one for people of color). See Dred Scott, 60 U.S.
393; Plessy;163 U.S. 537
. I will not interpret article I, section 6, of the Illinois
Constitution in a way that deprives people of color of their rights. The majorityâs
decision will ensure an unfair and unequal application of the Illinois Constitution
by the police. Accordingly, I respectfully dissent.
- 61 -
¶ 196 APPENDIX
(Most photos via Department of Corrections Internet Inmate Status,
https://idoc.illinois.gov/offender/inmatesearch.html)
Black Males
1. People v. Myrick, 2022 IL App (1st) 191775-U
2. People v. Thornton,2020 IL App (1st) 170753 3
. People v. Noble,2020 IL App (1st) 190409-U
4. People v. Miller, 2021 IL App (1st) 191361-U
5. People v. Burke, 2021 IL App (1st) 200250-U
6. People v. Hodrick,2021 IL App (1st) 182367-U 7
. People v. Chatmon,2021 IL App (1st) 191919-U 8
. People v. Stephenson,2021 IL App (1st) 200166-U 9
. People v. Braswell,2019 IL App (1st) 172810 10
. People v. Robertson,2016 IL App (1st) 141062-U
11. People v. Moore, 2021 IL App (1st) 170888-U
12. People v. Lee,2014 IL App (1st) 113670-U
13. People v. Fleming, 2016 IL App (1st) 141355-U
14. People v. Walker, 2015 IL App (1st) 123369-U
15. People v. Starks, 2014 IL App (1st) 121169
16. People v. Boyd,2021 IL App (1st) 182584 17
. People v. Parker,2021 IL App (1st) 173093-U
18. People v. Hilliard, 2017 IL App (1st) 142951-U
- 62 -
19. People v. Wimberly, 405 Ill. App. 3d 1204 (2011) (table) (unpublished order under
Illinois Supreme Court Rule 23)
20. People v. Hardaway, 2022 IL App (1st) 200660-U
21. People v. Stitts,2020 IL App (1st) 171723 22
. People v. Baldwin,2021 IL App (1st) 190363-U 23
. People v. Butler,2021 IL App (1st) 171400 24
. People v. Thompson,2021 IL App (1st) 182371-U 25
. People v. Pulliam,2021 IL App (1st) 200658-U 26
. People v. Brown,2021 IL App (1st) 182611-U 27
. People v. Clark,2021 IL App (1st) 180523-U 28
. People v. Little,2021 IL App (1st) 181984 29
. People v. Dossie,2021 IL App (1st) 201050-U 30
. People v. Baker,2021 IL App (1st) 171204-U 31
. People v. Thomas,2019 IL App (1st) 161749-U
32. People v. Muhammad-Ali, 2021 IL App (1st) 171721-U
33. People v. Harris,2022 IL App (3d) 200234 34
. People v. Cross,2021 IL App (1st) 190374-U 35
. People v. Johnson,2021 IL App (1st) 171885 36
. People v. McGraw-Anderson,2021 IL App (1st) 182119-U 37
. People v. Brown,2020 IL App (1st) 173003-U 38
. People v. Scott,2020 IL App (1st) 180737-U 39
. People v. Clark,2020 IL App (1st) 182533
- 63 -
40. People v. Robinson, 2016 IL App (1st) 130484
41. People v. Barnes,2018 IL App (1st) 152810-U
42. People v. Phillips, 2017 IL App (1st) 142553-U
43. People v. Garner, 2021 IL App (1st) 182532-U
44. People v. Adams,2015 IL App (1st) 132364-U
45. People v. Brown, 2020 IL App (1st) 170980
46. People v. Ollie,2020 IL App (1st) 172185-U 47
. People v. Higgs,2021 IL App (1st) 191620-U 48
. People v. Mohamed,2018 IL App (1st) 160670-U
49. People v. Stepney, 2020 IL App (1st) 180616-U
50. People v. Thompson,2020 IL App (1st) 171265
(defendant Cedryck Davis)
51. People v. Gunn, 2020 IL App (1st) 170542
52. People v. Yates, 2021 IL App (1st) 180114-U
53. People v. Williams, 406 Ill. App. 3d (2011) (table) (unpublished order under Illinois
Supreme Court Rule 23)
54. People v. Silas, 2020 IL App (1st) 191320-U
55. People v. Thompson, 2020 IL App (1st) 171265 (defendant Deandre Thompson)
56. People v. Stanley, 2016 IL App (1st) 142598-U
57. People v. Caples, 2020 IL App (1st) 161746-U
58. People v. Hyland,2012 IL App (1st) 110966 59
. People v. Simmons,2020 IL App (1st) 170650 60
. People v. Bass,2019 IL App (1st) 160640
- 64 -
61. People v. Brookins, 2018 IL App (1st) 151431-U62. People v. McGee,2015 IL App (1st) 130367 63
. People v. Jordan,2015 IL App (1st) 120583-U
64. People v. Baldwin,2017 IL App (1st) 142354-U
65. People v. Sallis,2013 IL App (1st) 112302-U
66. People v. Quick,2018 IL App (1st) 152432-U
67. People v. Henderson,2017 IL App (1st) 151019-U
68. People v. Pigram,2019 IL App (1st) 162209-U
69. People v. Hubbard,2018 IL App (1st) 151780-U
70. People v. Ross,2012 IL App (1st) 092445-U
71. People v. Nixon,2017 IL App (1st) 150899-U
72. People v. Minor,2014 IL App (1st) 122423-U
73. People v. Rice,2019 IL App (1st) 162652-U
74. People v. Lynch,2012 IL App (1st) 103296-U
75. People v. Harris,2012 IL App (1st) 102509-U
76. People v. Levi,2021 IL App (1st) 160510
-UB 77. People v. Buchanan,2015 IL App (1st) 132217-U
78. People v. Polk,2013 IL App (1st) 112462-U
79. People v. Reed,2018 IL App (1st) 152883-U
80. People v. Williams,2018 IL App (1st) 160171-U
81. People v. Lemon,2012 IL App (1st) 111150-U
- 65 -
82. People v. Pernell, 2016 IL App (1st) 133876-U
83. People v. McCall, 2017 IL App (1st) 142945-U
84. People v. Sanders, 2020 IL App (1st) 170325-U
85. People v. Anderson,2015 IL App (1st) 140131-U
86. People v. Barner, 2015 IL 116949
87. People v. Swift,2019 IL App (1st) 161106-U
88. People v. Jackson, 2018 IL App (1st) 153559-U
89. People v. Lewis, 2015 IL App (1st) 130171
90. People v. Gibbs,2019 IL App (1st) 163132-U
91. People v. Johnson, 2017 IL App (1st) 141202-U
92. People v. Brock, 2015 IL App (1st) 133404
93. People v. Peters,2011 IL App (1st) 092839 94
. People v. Smith,2018 IL App (1st) 170008-U
95. People v. Davison, 2019 IL App (1st) 161094
96. People v. Beasley, 2014 IL App (1st) 121300-U
97. People v. Nugen, 399 Ill. App. 3d 575 (1st Dist. 2010)
98. People v. Wilson, 2014 IL App (1st) 113570
99. People v. Selvie,2012 IL App (1st) 102500-U
100. People v. Tatum, 2019 IL App (1st) 162403
101. People v. Dunn, No. 409 Ill. App. 1153 (2011) (table) (unpublished order under Illinois
Supreme Court Rule 23)
102. People v. Randall, 2016 IL App (1st) 143371
- 66 -
103. People v. Clark, 2012 IL App (1st) 100066-U104. People v. Cotton,393 Ill. App. 3d 237
(1st Dist. 2009) 105. People v. Williams,2020 IL App (1st) 163417 106
. People v. Lewis,2015 IL App (1st) 122411
107. People v. Cox,377 Ill. App. 3d 690
(1st Dist. 2007) 108. People v. Stewart,2020 IL App (1st) 170250-U 109
. People v. Wiley,2016 IL App (1st) 140137-U
110. People v. Henderson,2017 IL App (1st) 142259
111. People v. Harris,2020 IL App (1st) 190690-U 112
. People v. House,2014 IL App (1st) 102605-U
113. People v. Lee,2013 IL App (1st) 111795-U
114. People v. Johnson,2012 IL App (1st) 091324-U
115. People v. Baker,2023 IL App (1st) 211588-U 116
. People v. Bradley,2023 IL App (1st) 190948-U 117
. People v. Carter,2023 IL App (1st) 220491-U
(defendant Kelvin Carter) 118. People v. Davis,2023 IL App (1st) 211469-U 119
. People v. Dorsey,2023 IL App (1st) 200304 120
. People v. Erwin,2023 IL App (1st) 200936 121
. People v. Gill,2023 IL App (1st) 201109-U 122
. People v. Hawkins,2023 IL App (1st) 220604-U 123
. People v. Jackson,2023 IL App (1st) 200017-U
- 67 -
124. People v. Massey, 2023 IL App (1st) 220123
125. People v. Murphy,2023 IL App (1st) 221553-U 126
. People v. Randall,2023 IL App (1st) 220689-U
127. People v. Spencer,2023 IL App (1st) 200646-U 128
. People v. Streater,2023 IL App (1st) 220640 129
. People v. Tyler,2023 IL App (1st) 181821-U 130
. People v. Ward,2023 IL App (1st) 190364 131
. People v. Wilson,2023 IL App (1st) 200702-U
132. People v. Wimberly,2023 IL App (1st) 220809 133
. People v. Charles,2022 IL App (1st) 210247-U 134
. People v. Ivy,2022 IL App (1st) 191702-U 135
. People v. Joseph,2022 IL App (1st) 192051-U 136
. People v. McCray,2022 IL App (1st) 191099-U 137
. People v. Mohamed,2022 IL App (1st) 210189-U 138
. People v. Pierce,2022 IL App (1st) 201040-U 139
. People v. Rush,2022 IL App (1st) 200656-U
140. People v. Smith,2022 IL App (1st) 190691
(defendant Aaron Smith) 141. People v. Starks,2022 IL App (1st) 190587-U 142
. People v. Walker,2022 IL App (1st) 210508-U 143
. People v. Washington,2022 IL App (1st) 200638-U 144
. People v Wright,2022 IL App (1st) 210301-U
- 68 -
145. People v. Smith, 2021 IL App (1st) 190421 (defendant Rashawn Smith)
No Picture; Witness in Case Identified Defendant as Black
146. People v. Carter, 2023 IL App (1st) 200093-U(defendant Anton Carter) 147. People v. Williams,2023 IL App (1st) 192463 148
. Van Buren v. City of Chicago,2023 IL App (1st) 220525-U
149. In re J.A.,2019 IL App (1st) 181763-U
(minor defendant) 150. In re Antoine H.,2016 IL App (1st) 152677-U
(minor defendant) 151. People v. Thomas,2016 IL App (1st) 141040 152
. People v. Ferguson,2014 IL App (1st) 121614-U
Black Females
153. People v. Moore, 2019 IL App (1st) 180735-U
154. People v. Carr-McKnight,2020 IL App (1st) 163245
Latinx Males
155. People v. Garcia, 2021 IL App (1st) 192576-U
156. People v. Velez,2011 IL App (1st) 101650-U
157. People v. Lerma,2021 IL App (1st) 181480 158
. People v. Perez,2021 IL App (1st) 181400-U 159
. People v. Cano,2020 IL App (1st) 182100-U 160
. People v. Bahena,2020 IL App (1st) 180197 161
. People v. Ruiz,2020 IL App (1st) 171436-U 162
. People v. Resendiz,2020 IL App (1st) 180821 163
. People v. Alicea,2013 IL App (1st) 112602
- 69 -
164. People v. Sepulveda, 2018 IL App (1st) 153626-U165. People v. Rodriguez,2020 IL App (1st) 171200-U 166
. People v. Andrade,2018 IL App (1st) 151651-U
167. People v. Ascencio,2019 IL App (1st) 161693-U
168. People v. Soto,2015 IL App (1st) 132367-U
169. People v. Castillo,2014 IL App (1st) 122620-U
170. People v. Aguilar,396 Ill. App. 3d 43
(1st Dist. 2009) 171. People v. Gomez,2023 IL App (1st) 211019-U 172
. People v. Davila,2022 IL App (1st) 190882 173
. People v. Petatan,2015 IL App (1st) 132522-U
White Female
174. People v. Wright, 2013 IL App (1st) 113777-U
No Picture, No Witness Identification, Crime in Black Neighborhood
175. People v. Holmes, 2016 IL App (1st) 141210-U176. People v. Jones,2015 IL App (1st) 142997 177
. People v. Rankin,2015 IL App (1st) 133409 178
. People v. Alexander,2014 IL App (1st) 121794-U
179. People v. Dennis,2014 IL App (1st) 112936
-UB 180. People v. Henderson,2014 IL App (1st) 120935-U
181. People v. Allen,2012 IL App (1st) 111656-U
182. People v. McGee,2012 IL App (1st) 102364
-UB 183. In re Dante W.,383 Ill. App. 3d 401
(1st Dist. 2008) (minor defendant)
- 70 -
Black Males
1. People v.
Myrick, 2022
IL App (1st)
191775-U
Y20791 - MYRICK, DAVID A.
Parent Institution: DIXON CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: DIXON CORRECTIONAL CENTER
PHYSICAL PROFILE
Date of Birth: 03/31 /1983
Weight: 250 lbs.
Hair: Black
Su : Male
Height: 5 ft. 09 in.
Race: Black
Eyvs: Brown
2. People v.
Thornton,
2020 IL App
(1st) 170753
...... \
Y19115 - THORNTON, CHARLES E.
Partnt ln1tftutlon: MENARD CORRECTIONAL CENTER
O,,_nder Status: IN CUSTOOY
Location: MENARD
Sex Offender Registry Required
PHYSICAL PROFILE
Da19ol8irth: 03/13/1979
Weight: 168 1bs.
Hair: Black
Sex: Male
Height: Sft. 07 In.
Race: Black
Eyes: Brown
- 71 -
3. People v.
Noble, 2020 IL
App (1st)
190409-U
\.
Y34032 - NOBLE, DEONTA
Parent lnâ titution: HILL CORRECTIONAL CENTER
Ofl9nder Status: IN CUSTODY
Location: HILL
PHYSICAL PROFILE
Date of Birth: 05/25/1994
Weight: 153 lbs.
Hair: Blad<
Sex: Male
Height: 5ft. 09 in.
Race: Black
Eyes: Brown
4. People v.
Miller, 2021 IL
App (1st)
191361-U
~,Status:
L-n:
L -
M37504 - MILLER, CHARLES
Pel'Oftt Institution: MENARD CORRECTIONAL CENTER
IN CUSTODY
MENARD
\
PHYSICAL PROFILE
Date al Blflft: 02/21/1988
Wolgl,t: 280 tbs.
Hair: Blad<
Sox: Mete
Height: 6 tl 01 In.
Race: Blad<
Eyoa: Brown
- 72 -
5. People v.
Burke, 2021 IL
App (1st)
200250-U
N80531 - BURKE, DWAYNE
Parent Institution: STATEVILLE CORRECTIONAL CENTER
Ollendor Starus: PAROLE
Location: PAROLE DISTRICT 1
PHYSICAL PROFILE
Dato of â 11th: 03/26/1968
Weight: 190 Ibs
Hair: 81ack
Sex: Male
Height: 5ft.11 In.
Raco: Black
EyH : Brown
6. People v.
Hodrick, 2021
IL App (1st)
182367-U
Y31929 - HODRICK, DOMINIQUE
Parent Institution: MENARD CORRECTIONAL CENTER
Offend., Status: IN CUSTODY
Location: MENARD
PHYSICAL PROFILE
Date of â lrth: 05/28/1981
Weight: 160 lbs.
Hair: Blac:I<
Sax: Male
Height: 5ft. 07 In.
Race: Black
El,llls: Brown
- 73 -
7. People v.
Chatmon, 2021
IL App (1st)
191919-U
M31356 - CHATMAN, VICTOR
Parenl ln11ituli011: McNARD CORRECTIONAL CENTER
<m.nar Status: INCUSTOOY
Loeolion: MENARD
PHYSICAL PROFILE
Date ol llirth: 01/10/1992
Weight: 1991bs.
Hair: Black
Sex: Male
Haight: 6ft. 05 In.
Race: Black
Eyes: Brown
8. People v.
Stephenson,
2021 IL App
(1st) 200166-U
874904 - STEPHENSON, ANTHONY
Parent lnstttuUon: LAWRENCE CORRECTIONAL CENTER
Offllnder Status: IN CUSTODY
Location: LAWRENCE CORRECTIONAL CENTER
PHYSICAL PROFILE
D119 of Birth: 03/19/19TT
Weight: 200 Iba.
Hair: Black
Sex: Male
Height: 6 ft. 01 In.
Race: Black
Eyes: Brown
- 74 -
9. People v.
Braswell, 2019
IL App (1st)
172810
~ '- / ' ,,
Y25777 - BRASWELL, JAMAL
Parent Institution: DANVILLE CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: DANVILLE
PHYSICAL PROFILE
Date of Birth: 10/20/1991
Weight: 165 lbs.
H air: Black
Sex: Male
l-leigM: 6 fl. 00 in.
Race: Black
Eyes: Brown
10. People v.
Robertson,
2016 IL App
(1st) 141062-U
R30809 - ROBERTSON, KENYADA
Parent Institution: DANVILLE CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: DANVILLE
PHYSICAL PROFILE
Date of Birth: 09/12/1985
Weight: 215 lbs.
Hair: Black
Su: Male
Height: 5 ft. 09 In.
Raeâ : Black
Eyas: Brown
- 75 -
11. People v.
Moore, 2021
IL App (1st)
170888-U
âą FINAL. AC>PROVA~
12. People v.
Lee, 2014 IL
App (1st)
113670-U
850137 - LEE, TERRIN
Parent Institution: MENARD CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: MENARD
PHYSICAL PROFILE
Date of Blrth: 12/14/1973
Weight: 272 lt>s.
Heir: Black
Sex: Male
Height: 6 ft. 04 In.
Râ ce: Black
Eyes: Brown
- 76 -
13. People v.
Fleming, 2016
IL App (1st)
141355-U
K71444 - FLEMING, RUBEN
Parent Institution: SHERIDAN CORRECTIONAL CENT.ER
Offender Status: IN CUSTODY
Location:
PHYSICAL PROFILE
Data of Bll'ltl: 09/27/1977
Weight: 215 lbs.
Hair: Blacl<
Sex: Male
Height: 5ft. 10 in.
Race: Black
Eyes: Brown
14. People v.
Walker, 2015
IL App (1st)
123369-U
-:t
M32755 - WALKER, JUSTIN
Parent Institution: PINCKNEYVILLE CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Locatioo: PINCKNEYVILLE
PHYSICAL PROFILE
Data of Birth: 10/15/1990
Weight: 180 lbs.
Hair: Brown
Sex: Male
Height: 6 fl 04 In.
Race: Black
Eyas: Brown
- 77 -
15. People v.
Starks, 2014 IL
App (1st)
121169
M27220 - STARKS, BRANDON
Parent lrn1tllutioi1: MENARD CORRECTIONAL CENTER
Offender Sllltus: IN CUSTODY
Location: MENARD
PHYSICAL PROFILE
Date of Birth: 04/30/1987
Weight: 165 lbs.
Hair: Black
Sex: Male
Haight: 6ft. 00 in.
Rae.t: Black
Eyas: Brown
16. People v.
Boyd, 2021 IL
App (1st)
182584
M37106 - BOYD, LAWRENCE
Parent Institution: HILL CORRECTIONAL CENTER
Oftlender Status: IN CUSTODY
Lceatioft: HILL
PHYSICAL PROFILE
Oat. of 81rth: 08/18/1989
W.igllt: 2601bs.
Hair: Blacl.
Sex: Male
Height: 5 ft. 11 In.
Race: Blad!
Eyn: Brown
- 78 -
17. People v.
Parker, 2021
IL App (1st)
..:.=r :, ~~~ ~'":
:ri:.:
173093-U
R
,.
\-~-i âąo,,
t!f~·.-.' 'tiil
~ C~h
.$1-:.1 ~Iii ~lj âŠ
- ' -'i:ih-~i:I~ ....
~'-- âąu1o
.âą., .\)
-<:. ~"t; ~,\~\f'.\\
·" ~t ~ ' - (l ( , ~ \
18. People v.
Hilliard, 2017
IL App (1st)
142951-U
M47043 - HILLIARD, ANDRE
Parent 111-tltution: JOI.IET TREATMENT CENTER
Offender Statue: IN CUSTODY
Location:
PHYSICAL PROFILE
Date of 81rth: 12/05/1994
Weight: 164 lbs .
Hair: Black
Sex: Male
Height: 6ft 00 In.
Race: Black
Eyes: Brown
- 79 -
19. People v.
Wimberly, 405
Ill. App. 3d
1204 (2011)
(table)
(unpublished
order under
Illinois
Supreme Court
Rule 23) R50509 - WIMBERLY, DARRELL
Parent lnstitutlon: SHERIDAN CORRECTIONAL CENTER
Offender Sta1us: IN CUSTODY
Lecatton:
PHYSICAL PROFILE
Date of Birth: 11/20/19!!5
Weight: 185 lbs.
Hair: Black
Sex: Male
Haight: 5 ft. 08 in.
Raca: Black
Eyes: Brown
20. People v.
Hardaway,
2022 IL App
(1st) 200660-U
859247 - HARDAWAY, MAURICE
Parent Institution: MENARD CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Locltlon: MENARD
PHYSICAL PROFILE
Date of Birth: 01/1 1/1973
Weight: 249lba.
1 â .-: llad<
Su: Male
Height: 5ft. 06 in.
Race: Black
Eyes: Brown
- 80 -
21. People v. F Nl\l APPR VAl.
Stitts, 2020 IL
App (1st)
171723
t ~ .âą
1J\rl :r,
lâą .,m v~
I: .,...i. H~
!;>"'° i-i-1'.f"',I '.-
\1,wJo.r'r.,... -l,f'l' âąu
,
I
I
22. People v.
Baldwin, 2021
IL App (1st)
190363-U
R28266 - BALDWIN, DERRICK
Parent Institution: BIG MUDDY CORRECTIONAL CENTER
Offender Statua: IN CUSTODY
lccatlon: BIG MUDDY RIVER
Sex Offender Registry Required
PHYSICAL PROFILE
Date of Birth: 10/05/1979
We ight: 159 lbs.
Hair: Black
Sex: Male
Haight: 5 ft. 10 In.
Race: Black
Eyes: Brown
- 81 -
23. People v.
Butler, 2021 IL
App (1st)
171400
_,,,,,,,._ '-
M05574 - BUTLER, DONQUILA
Parent Institution: SHAWNEE CORRECTIONAL CENTER
Offander Status: IN CUSTODY
Location: SHAWNEE
Sex Offender Registry Required
PHYSICAL PROFILE
Date of Birth: 03/18/1979
Waight: :>19 lbs.
Hair: Black
Sex: Male
Height: 5 ft. 08 in.
Race: Blacl<
Eyes:
-
Brown
24. People v.
Thompson,
-=--
- --
2021 IL App rJ I I0-1-?ll 1' .,:.'. 111.
(1st) 182371-U
ir cr.·
H·O ;\~
lha,-,,..~y,::;
fl-l::'t l- 11âą
l:111.1 :-!11; !-:-,i-âą
IJ!:(I J'l'I Ccicâą,~;c:~1.· I\
Identity cross-checked using date of arrest.
- 82 -
25. People v.
Pulliam, 2021
IL App (1st)
200658-U
Y21867 - PULLIAM, DORIAN
Parent Institution: H ILL CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: HILL
Sex Offender Registry Required
PHYSICAL PROFILE
!>ate of Birth: 04/14/1980
Neight: 195 lbs.
âair: Black
Sex: Male
ieight: 5 ft. 05 in.
bee: Black
!yes: Brown
26. People v.
Brown, 2021
IL App (1st)
182611-U
I
r--...
R64720 - BROWN, DANIEL
Parent Institution: MENARD CORRECTONAL CENTER
Offâąnller Status: lt-JCUSTOOY
Location: MENARD
PHYSICAL PROFILE
Data of Birth: 02/15/1989
Weight: 178 lbs.
Hair: !!lack
Sex: Male
Height: Sf!. 09 in.
Raca: Black
Eyes: Brown
- 83 -
27. People v.
Clark, 2021 IL
App (1st)
180523-U
Y26608 - CLARK, ANGELO
Parent lnstiilltlen: HIU CORRECTIONAL CENTER
Offender Stalus: IN CUSTODY
Location: HILL
PHYSICAL PROFILE
Date of Birth: 07/10/1996
Weight: 185 lbs.
Hair: Black
Sex: Male
Height: 5 ft. 11 in.
Raca: Black
Eyes: Brown
28. People v.
Little, 2021 IL
App (1st)
181984
l
Y31393 - LITTLE, DIAMOND '
MENARD CORRECTIONAL CENTER
Parent Institution:
Offender Status: IN CUSTODY
Location: MENARD
PHYSICAL PROFILE
Date of Birth: 01/10/1994
Weight: 145 lbs.
Hair: Black
Sex: Male
Height: 5 ft. 04 in.
Race: Black
Eyes: Brown
- 84 -
29. People v. PIIIOBABI.I! CA U!II': APPROVl<D
Dossie, 2021
IL App (1st)
201050-U
1 Q,..,~<s ~lw
S1';âą
IJ~ C!::!m.x!:m
30. People v.
Baker, 2021 IL
App (1st)
171204-U
q
~â
N93480- BAKER, MARSHALL
Parent Institution: MENARD CORRECTIONAL CENTER
O'"nder Status: IN CUSTODY
Location: MENARD
Sex Offender Registry Required
PHYSICAL PROFILE
0aM of Birth: 09104/1961
Weight: 124 lbs.
Hair: Black
Su: Male
Haight: 5~04in.
Race: Black
Eyeâ : Brown
- 85 -
31. People v.
Thomas, 2019
IL App (1st)
161749-U
Y14076 - THOMAS, DJUAN
Parent Institution: ILLINOIS RIVER CORRECTIONAL CENTER
Offender st1.1tus: IN CUSTODY
Location: IULINOIS RIVER
PHYSICAL PROFILE
Date of Blrih: 06/24/1998
Weight: 175 lbs.
Hair: Black
Sex: Male
Height: 5 fl. OG in.
Race: Black
Eyes: Brown
32. People v.
Muhammad-
Ali, 2021 IL
App (1st)
171721-U
J
Y22039 - MUHAMMAD-All, SOLOMON
Parent IRStitutlon: SHAWNEE CORRECTIONAL CENTER
Offender Statu,: IN CUSTODY
Location: SHAWNEE
Sex Offender Registry Required
PHYSICAL PROFILE
Date of Birth: 12/18/1981
Weight: 2201bs.
Hair: Black
Sex: Male
Haight: 5ft. 07 in .
Race: Black
Eyes: Brown
- 86 -
33. People v.
Harris, 2022
IL App (3d)
200234
R68630 - HARRIS, THOMAS M.
Parent Institution: STATEVILLE C':ORRE'C':TIONAL CENTER
Offender Status: PAROLE
locatlo11: PAROLE D ISTRICT 2
PHYSICAL PROFILE
Date of Birth: 01/19/1987
Weight: 380 lbs.
Hair: Black
S.x: Male
H1tlght: 6ft. 11 in.
Rae.: Black
Eyes: Brown
34. People v.
Cross, 2021
IL App (1st)
190374-U
M43498 - CROSS, TAQUELL
Perwnt Institution: PINCKNEYVIU.E CORRECTIONAL CENTER
Offender Status: PAROLE
location: PAROLE DISTRICT 1
PHYSICAL PROFILE
Date of Birth: 10/31/1994
Weight 1521bs.
Hair: Black
Seit: Male
Haight: 5 ft. 06 In.
Race: Black
Eyes: Bfown
- 87 -
35. People v. FINAL APPROVAL
Johnson, 2021
IL App (1st)
171885 -
·-
âąâą
·- ·- ,
36. People v.
McGraw-
Anderson,
2021 IL App
(1st) 182119-
U
Y31315-ANDERSON, TRAMELL
Pamn Institution: PONTIAC CORRECTlmlAL CENTER
Offender Statua: IN CUSTODY
Local~: PONTIAC
PHYSICAL PROFILE
DawofBll1tl: 01/1511991
Weight: 201 lbs.
Hair: 81aek
S.x: Male
Height: 6 ft 00 In.
RKt,; Black
Eyes: Brown
37. People v.
Brown, 2020
IL App (1st)
173003-U
- 88 -
38. People v.
Scott, 2020 IL
App (1st)
180737-U
M23748 - SCOTT, ANTONIO
Parent Institution: SHERIDAN CORRÂŁCTIONAL CENTER
Offender Sll!fus: IN CUSTODY
Location:
PHYSICAL PROFILE
llal,a of Birth: 04/16/1991
Weigltt: 150 lbs.
Hal,: 81e0k
Sax: Male
Hâąlght: 5 ft. 08 In.
Rae.: Blad<
Eyes: Brown
39. People v.
Clark, 2020 IL ~INAL APPROVAi. aâą
I~.
App (1st) JU\Jl!>llLE ol!POtmo.s ·1tâąM.
, o.
182533
l,'.V",i,IJ'' t 4
...,.
·a#.sr.~ N l ; , _
-- tJi)O
OM...
l.f,Jbt
...... ..,~,
DIC--,11l~~
O:t.;>'!IC(l,.., 1--Jair
t','\<
~tJr.;..,,...
CQ1n,1e.,1on
- 89 -
40. People v.
Robinson,
2016 IL App
(1st) 130484
R21491 - ROBINSON, KEVIN
Parent Institution: PO~ITIAC CORRECTIONAL CENTER
Ofrender Status: IN CUSTODY
Location: PONTIAC
Sex Offender Regls1ry RequlnJd
PHYSICAL PROFILE
Data of Birth: 12123/1983
Weight: 2151bs.
Hair: Brown
Sex: Male
Heoghl: 5ft. OS In.
Race: Black
e:.,.., Brown
41. People v.
Barnes, 2018
IL App (1st)
152810-U
M50483 - BARNES, AARON
Parent Institution: LAWRENCE CORRECTIONAL CENTER
Ofiendor St!ltus: IN CUSTO)Y
Loc~tion: LAWRENCE CORRECTIONAL GENTER
PHYSICAL PROFILE
Dal< of Birth: 08/J2/199,
Weight: 170 lbs.
H;iir: Black
s~x: Mae
Height: 5ft. 11 in.
Ra.ct: Blacl<
Eyes: Br(!Wn
- 90 -
42. People v.
Phillips, 2017
IL App (1st)
142553-U
M27060 - PHILLIPS, JAMES E.
Parent Institution: TAYLORVIU.E CORRECTIONAL CENTER
Ollenller Statua: IN CUSTODY
Loeatlofl: TAYLORVILLE
Sex Offender Registry Required
PHYSICAL PROFILE
Dat8 of &ll'th: 05117/1974
Weight: 160 Iba.
Haii1: Black
Su: Male
Haight: 5ft. 07 in.
Race: Black
E1111s: Brown
43. People v.
Garner, 2021
IL App (1st)
182532-U
Y32973 - GARNER, JABRIL
Parent 1n,tltuti0n: MENARD CORRECTICt,IAL CENTER
Offefldet Cbtuâą: tN CUSTODY
loe-atton: MENARD
PHYSICAL PROFILE
Di11t.G of 8 irlh: 10/11/1903
WtiQht: 22311>!.
Hair: Bla:k
!lox: Mara
Height: 6 ft. 01 in.
Rice: 8100:
EY90: BroNn
- 91 -
44. People v.
Adams, 2015
IL App (1st)
132364-U
....... ..._
803660 - ADAMS, ANTHONY
Parem Institution: PINCKNEYVIU E CORRECTIONAL CENTER
Off0naar Status: IN CUSTODY
Location: PINCKNEYVILLE
PHYSICAL PROFILE
Dam of lli,th: 09/19/1983
Waight: 185 lbs.
Hair: Brown
Sax: Mate
Haight: 511.091n.
~: Blact
E~s: Haz,it
45. People v.
Brown, 2020
IL App (1st)
170980
M18929 - BROWN, KJAR
Parent ln1tltutlot1: PONTIAC CORRECTIONAL CENTER
Oflendo, Stolus: IN CUSTODY
Loeallon: PONTIAC
PHYSICAL PROFILE
D:'lted8il1:h: 0~/11/1991
Wâąlght: 1 79 lbs.
Hâąlr. Black
Stx: Male
Holght: 5tt. 11 in.
Race: Black
E\IH: Br:iwn
- 92 -
46. People v.
Ollie, 2020 IL
App (1st)
172185-U
-~
845444 - OLLIE, JIMMIE
Parent Institution: DANVILLE CORRECTIONAL CENlER
Olll!nder Status: INCUSTOOY
Loutioft: DANVILLE
PHYSICAL PROFILE
Data of 81,tll: 09109/1972
Weight: 282Ibs.
Hair: Black
Sn: Male
Mel,ht: 6 ft. 02 in.
Raea: Black
Eyas: Brown
47. People v. (tiM:AgQ~l(i& aE,A.trn>tHT
;.1NAL APPIIO'IA~
Higgs, 2021 IL ~Jllt!ST REPO RT
·-ti·, i.âą~:111w... âą-L<1tC"~41r\M ; fit,j3
.A.:., ~ ...... :-.~âą - âą " - - -(',.',,I
App (1st) :.!IC,n \.W-f""'<l. '"'i
i:·~~a~~:~:~{(";;;}7::_~~~~~.: ~ ..: âą. ,.il1~~t."~~t1'~ :~~--- âąÂ·Â·-
191620-U âą ~ : iom âą ., ,~
I· âąâą
14/lh-.
$ro,.,,m £:,,»
;:: .:,. : .
Sl;idl~,- '-t ...-..
C-317'1 Rowt ~., SMe
-..:-.:
~ lri~m)i!:.:'Wl
;.. . . 1-.
.,.. ·. âą.
0 âą X
.,.,..:.,____....._.%:_,..
- 93 -
48. People v.
Mohamed,
2018 IL App
(1st) 160670-U
Pâ nRt lnstftutlem: HILL CORRECTIONAL CENTER
Ofhndar Status: INCUSTOOY
Locllllon: HILL
PHYSICAL PROFILE
Date of Birth: 01/1511992
Weight: 180 lbs.
Hâąlr: eiact
Sell: Male
Hâąight: 5 ft. 09 In.
Raeo: Blaek
Eyu: Brown
49. People v. (;filC-„,9 PGl.lCE Ol:PART.,F.NT
Stepney, 2020 ARREST REPO RT
3!101. .l:l'M, ~ .e.-.-" . Ci<l1-..o,.,ut,,;o.- 4'iU
IL App (1st) .. , ; âą âą .......
'lt'=l,~-âąâąMl l "âą âą , ~n,âąâą1rl âąp<' " -'âą " \ âą
~
180616-U
:)'6 1'
2~0 Clo
!UâąC\'1'\1 >f"'"
;z, a(,;.;.1”
: :cj:\::âąt Ht:111 Ji l}IU
;,..ill!th.r11f.'. 1t~'I , 1~ia 11
- 94 -
50. People v.
Thompson,
2020 IL App
(1st) 171265
(defendant
Cedryck
Davis)
M27481 - DAVIS, CEDRYCK
Parent l nstJtutlon: JOUET TREATMEm CENTER
Olleâądar Status: IN CUSTODY
Loeallon:
PHYSICAL PROFILE
Oaie of Birth: 0Z/18/1991
W1tighl: 16<1 lbs.
Mair: e1ac1<
Sox: Male
Helgllt: Sit. 11 in.
Race: Blad<
Eyei: 8IO'M1
51. People v.
Gunn, 2020 IL
App (1st)
170542
Y19505- GUNN, OMAR
Partflt l nsltu11on: MENARDCORRECT!ONAl CE~TEf<
OfhndarSbtUI: INCUSTODY
L4cothrn: MENM.0
PHYSICAL PROFILE
0 ... ofliirth: 03,01/1~90
'NalQllt: 1o4t>S.
Mail: 81ac1:
le:w: Male
Nâąlgtc: 5 ft041n.
Raca: Black
l!y. .: Brown
- 95 -
52. People v.
Yates, 2021 IL
App (1st)
180114-U
(
' J,/
M01860- YATES, ANDRE A.
P;)r1t1t lnstltulk>n: DIXON CORRECTIONAL CENTER
Offender Ststuo: IN CUSTODY
Lccoiion: DIXON CORRECTIONAL CENTER
PHYSICAL PROFILE
0ale of !Birth: 06/17/1990
Weight: 189 lbs.
Hair. Blad<
S.x: Male
Height: 5ft. 06 in.
Rlleli: Blad<
Eyes: Brown
53. People v.
Williams, 406
Ill. App. 3d
(2011) (table)
(unpublished
order under
Illinois
Supreme Court
Rule 23) R68853 - WILLIAMS, JESSIE
PINCKNEYvlLLE CORRECTIONAL CENTER
P8NR1 lâąatllutiOn:
Ofl'efltlar sraua: '"CUS100Y
Loeatiioft: PINCKNEY\,lLLE
PHYSICAL PROFILE
0a1o of llflh: 11/18/1933
W.i9ht; ~12 b o.
ttllr: Black
SU: Mate
Woolg~t: tft. 02 In.
Race: Black
r~âą: 8fOY.YI
- 96 -
54. People v. CHICAGO ~ POLICE:
Silas, 2020 IL
App (1st) Mr il'iiitffri t I
191320-U Oetails
Arrest
f'IAME t vERt~'!e T S.U,.A$
AGE ~
ca~.: 113âąru~
AARESTIO ,r1c11y. h~y 13, l01G 7:05 Pt.I
AM~STI..OCATION 3GOOW1~Tl1ST
ARRESTING AGaJCY CHICAGO P0LJcE OEPARTt.lENT
REL&AlW:>.(A~'t friow/. Mil)' 13, l()1f 11:39P),I
DnvaK>.tt.b,!;&(l'J()
BONO TYPE l &QIC)
101WAM0'UNT S2.IXIO
ilO~OOATf 21,)~0t.~ 13
Identity cross-checked using publicly available arrest history and details from the
order in Silas, 2020 IL App (1st) 191320-U. Silas was arrested on S. Trumbull Ave.
on August 4, 2014, and November 2, 2016, on unrelated charges. In 2017, he was
stopped for a traffic violation and subsequently arrested pursuant to an investigative
alert in connection with an armed robbery at the same S. Trumbull Avenue address.
At trial, the State indicated Silas resided there, that there were four other criminal
complaints allegedly involving Silas, and that all five incidents occurred within the
span of eight days in a hallway at that address.
55. People v.
Thompson,
2020 IL App
(1st) 171265
(defendant
Deandre
Thompson)
M18143-THOMPSON, DEANDRE
P.,.nt 1"'11!ution: PINCIOIIEYV1LLE CORRECTIONAL CENTER
Oflltlldilr S1atua: IN CUSTODY
l.«alon: Pl~JCIOIIEY\/lllE
PHYSICAL PROFILE
Oala of 8Irth: 08/24/1992
Weight 171 Iba.
Hair. Blsck
Sex: Mala
Height: 5 ft 08 In.
Rac:9: Bleck
El/U: Brown
- 97 -
56. People v.
Stanley, 2016
IL App (1st)
142598-U
M46171 - STANLEY, KEVIN
Parent ln1titU1ion: MENARD CORRECTIONAL CEIIITER
Offender Slalus: IN CUSTODY
Loc,illon: MENARD
PHYSICAL PROFILE
Date ol lli'lh: 0 1/04/1983
Wolgllt: 330 1bs.
Hair. Blad<
Sex: Male
Haight: 611.0Sln.
Aaee: Blad<
Eyao: Brown
57. People v.
Caples, 2020
IL App (1st)
161746-U
Y13956- CAPLES, STEPHAN
Pa,..,,, ,.,.tltutlon: BIG MUDDY CORRECTIONAL CENTER
Ollender Status: IN CUSTOOY
Loatlon: BIG MUDDY RIVER
PHYSICAL PROFILE
Dala of Birt~: 01/lll/1991
w.lght: 227 lbl,
Hair: Black
Sall: Male
Haight: 5 ft. 06 In.
lllace: Black
Eyes: Biown
- 98 -
58. People v. Photo via mugshots.com. Identity
Hyland, 2012 cross-checked using details
IL App (1st) regarding Hylandâs gang affiliation
110966 and tattoos. See Hyland, 2012 IL
App (1st) 110966, ¶ 9 (âOfficer Lara
then asked defendant if he was a
member of a gang and defendant
said he was a â70s Babies GD.â â);
id. ¶ 10 (âAfter being asked whether
he had any gang tattoos, defendant
showed the officers two tattoos on
M..;~wcti.~cn,: 1-f-l?~
co-: N.:-eeâą : r:-e-: his stomach and left forearm. Officer
P.:t~! :t''H-~t O"" ⹠=.: ; ·:~.5=:" . .:.ce-?::: - :. ,;._ : :·..- ;:;
lw··~S!3!'-6: âą, :.: .. s-.:::. Lara was also shown a photo of
~~1fo.-,,: ::.::s·:-...:-:- ..
e:,:t-d3re. :- z~·;;:-~
\l,'<!#1 ;·;; ;: ·;: ,;
defendant in which he identified two
H:fr· CO c1. ~ oe:-<
teardrop tattoos below defendantâs
right eye.â).
59. People v.
Simmons, 2020
IL App (1st)
170650
R12863- SIMMONS, DONELL
,.er.nt lnstltuUon; SHERIOA~J CORRECTIONAL CENTER
Offenchr 8ta1U1: IN CUSTODY
Leellllan:
PHYSICAL PROFILE
Date of liltrlll: 07/1511981
W.lglrt: 235 lbs.
"-Ir: Blacl
Sex: Male
Height: 5 ft. 11 in.
Ra~: Black
Eyff: Brown
- 99 -
60. People v. Details
Bass, 2019 IL Arrest
App (1st) NA.Ml ::c~.-,c:..L - $M-~
160640
AGE 21
e 1 Nl.iMII" 1,".19~,42t9
A~f'tl l'TI.D " -'~âą1 1· .,,; 1 Jâą: P,;âą~1., âą âą ;.., , ,: : .:-, ;,,.; t
AJUlt: lT !;.0(:;ATIO~ 1;~, · :: I,~l;':âą1' ;1-r:: ~r,
ANRIHINQ AGI NCV Ch,:.;.:;,:, Fâą)_1,~::_ :=.~.. ~ "i, 1::âą -
Jl:11..J .A.SlO (.iGINC)J " i",( ,A:.·. âą'iJ.:ll~ .i :: ·J , : . J ,.
o,r . NT/ 0,I,; Jl'.&Cli,.fr''f)
I QN0 1V~i
I0~0 AIIOUNT
i ~OOAU
e:&TIUC1 :C?
Identity cross-checked with details in the Stateâs brief in Bass, 2019 IL App (1st)
160640. âDefendant was arrested following an August 2014 traffic stop, during
which police ran a âname checkâ and discovered an âinvestigative alert with
probably cause for [his] arrest.â In September 2014, defendant was charged with
criminal sexual assault.â âThe testimony at the hearing on defendantâs motion
established that he was the front-seat passenger in a van that failed to stop for a red
light during the early morning hours of August 13, 2014.â
61. People v.
Brookins, 2018
IL App (1st)
151431-U
859388- BROOKINS, LARRY E.
Pannt 11111fflullon: SHERIDAN CORRECTIONAL CENTER
Offender Btlltua: PAROLE
Lccatlon: PAROLE DISTRICT 1
PHYSICAL PROFILE
Dale of lllrtt,: 07A)5/1958
W.lghl: 237 1bs.
Hair. Bl11ct
S.11: Male
Height: 5 fl.091n.
R9et: Black
Eyes: Brown
- 100 -
62. People v.
McGee, 2015
IL App (1st)
130367
Jo. '·, -
K63835 - MCGEE, ANTHONY
Parent Institution: DANVILLE CORRECTIONAi. CENTER
Offtnder Siatua: IN CUSTODY
Locatien: DANVILLE
PHYSICAL PROFILE
Date of llirth: 05/11/1980
W.lgh1: 170 lbs.
Mair: 8lacl<
s .., Male
Meigltt: Sft. 07 in,
RAco: 61ack
Ey-.: Brown
63. People v.
Jordan, 2015
IL App (1st)
120583-U
B66331 -JORDAN, DONALD
P.,.nt lnstllu1lon: PONTI.AC CORRECTIONAL CENTER
Olfolnder Sbtua: INCUSTOOY
Locallon: PONTI.AC
Sex Offender Registry Required
PHYSICAL PROFILE
Data of Bl"": 05/07/1978
Weight: 275 lbs.
Hair: Black
Sax: Male
Height: 8ft. 00 Ill.
Rae.: Black
lyee: Brown
- 101 -
64. People v.
Baldwin, 2017
IL App (1st)
142354-U
R28266 - BALDWIN, DERRICK
Parent Institution: BIG MUDDY CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: BIG MUDDY RIVER
Sex Offender Registry Required
PHYSICAL PROFILE
Date of Birth: 10/05/1979
Weight: 159 lbs.
Hair: Black
Sex: Male
Haight: 5 ft. 10 In.
Raea: Black
Eyes: Brown
65. People v.
Sallis, 2013 IL
App (1st)
112302-U
K72398 - SALLIS, TIMOTHY
Pantnt Institution: HILL CORRECTIONAL CENTER
Offfilder Status : IN CUSTODY
Location: H ILL
PHYSICAL PROFILE
Omofilrtfl: 09J0811963
W.lght: 200 lbs,
Hair: BIJ!dc
Sex: Mala
Height sn. 10 1n.
Race: Bl21clc
Eyeâ : Bmwn
- 102 -
66. People v. Details
Quick, 2018 IL Arrest
App (1st)
HAlllE Jf.~.;E. 1 ::UiCK
152432-U AGE
ca Mt..t.EER
4~
U!~79)
AARESTEO S!:lutt.~ ÂŒlo T 2-)i4 8 >0AA1
ARP.EST LOCAOOJi -12o;s..-ca:.s.s:r
ARRE:fflHG AotNCY CK~ ?O"~ICE :.!A:Jllf.\El'~-
R{l,.g,_~..Q.t_~~ Si.11d3>âą. .U.: J 201.:. t:·M.:.J;
Dl!Ji.!l.fi~JfAe!L"fJO
60N.C-T'IPt!
601:0 Al.iOUIIT
BOHO OA'1!
AREA ~. Cut:.,;
O!STACT GO.
BeAT Ci~5
;'.ltlflC'.$
~C..'M.t.;..1
67. People v.
Henderson,
2017 IL App
(1st) 151019-U
R40853 - HENDERSON, SHAUN
Pa,..nt Institution: LAWRENCE CORRECTIONAL CE NTER
Ollendor statua: IN CUSTODY
Loeation: LAWRENCE CORRECTIONAL CENTER
PHYSICAL PROFILE
Dito of &irth: 1:lr,4/1982
W.igllt: 125Ibs.
Hâąlr: Siad<
Sax! Male
Halgllt: 5 lt.05 in.
Race: Black
E-: Brown
- 103 -
68. People v.
Pigram, 2019
IL App (1st)
162209-U
M04287 - PIGRAM, FREDERICK
Paronl laatl!ulicn: MEMARD CORRECTIONAL CENTER
Off9ndar Slaluw: IN CUSTODY
Loc311on: ME~JARD
PHYSICAL PROFILE
Dalo ol Birth: 09/1 1/1975
Weigllt: 1n 1bs.
Hair: Blac:1<
S..: Mate
Height: 5 ft. 06in.
Raco: Black
EyH: 8rOWTI
69. People v. Details
Hubbard, 2018
IL App (1st)
151780-U -~ME
"-CE
v' ~C J llllU:.P.0
st
CB Mi.JUEIEA tU.2 « â:a
AAFii:Slt:u i1.1Mci.Jf J.,r.E, 11. 1 )?9 :':27 ?f."
AAAf lT LOCA.TION lt.14.'âą/! ll~RD ST
A;' 8E Sl1ff0 4Gai,C'( Ctt,o..GJKLCf D5='~n~ur
ei1t.WEP.,{d.~9. âą,, :~f"=''!d4,.'. Ju,e '.2. .iJla f.:33 A).I
PE[E;fl~~a.u;l}
R<\~~T'fP!
l:!CUiC. AW'IUNT
OOl.ODAT;-
ARe;. : âą S"-.1\
Ci STP.~T (t;;r
o!!AT UH
l["""';
- 104 -
70. People v.
Ross, 2012 IL
App (1st)
092445-U
M07835 - ROSS, DETRIC
P-1 Institution: MENARD CORRECTIONAL CENTER
O&nder Status: IN CUSTODY
Location: MENARD
PHYSICAL PROFILE
Dalo of Birth: 10/13/1986
Welg~t 208 lbs.
Hair: Black
Sax: Male
Hâąlght: 61t.00 In.
Raee: Bisel<
Eyea: Brown
71. People v.
Nixon, 2017 IL
App (1st)
150899-U
K69321 - NIXON, MARCUS
P-1-.uon: DIXON CORRECTIONAL CENTER
Ollo111Mr Slalua:
~., PAROLE
PAROl.E DISTRICT 1
PHYSICAL PROFILE
0 . of B11111: 07/07/1977
Weight: 165 lbs.
Hair: Slack
.....,,,
Sa: Male
511. 11 In.
Rae.: Siad<
l!yn: Brown
- 105 -
72. People v.
Minor, 2014 IL
App (1st)
122423-U
R52353 - MINOR, DEANDRE
Parent lnstitution1: PONTIAC CORRECTIONAL CENTER
Offefldor St,tus: IN CUSTODY
Location:
Sex Offender Registry Required
PHYSICAL PROFILE
Data ol Birth: 10/1011984
Weight: 207 lbs.
Hair: Brown
Sn: Male
Haight: 6ft. 00 in.
Race: Bla,cl(
l!yes: Brown
73. People v. Details
Rice, 2019 IL
App (1st)
âątâąr· ~.,... .. ,.,.f
162652-U
M Uf
N:.r .:t
G(". ~L~.« M I ~:H:.-
;.1u=rE<tTEO .S-.;-;,t- ,~~ .. .:.: i.: .. ~
A~~lS'"" tc'rc. âą1..:;." -âąâąâąâą · . k . . ~. ,t
AAi~ S.T~C.J.~i<ii. :'t fr · :-,: . ~:.. ·t :v.;.1· "'f âș;Â
.1 lJ"iiJ:-,',.af.i--j,,:')! - ""âąÂ· J t- d I :J1; . J .._.!.I
.i>:'Tf'-'"'c.~ 1'.A:n:rv.
arâąt11\l'Cc
BClhbilHVlilit-
P~'li\f.A-t
it.RCA 1, · âąfll.'.1
ci:i:n:;;c- (1.:
!Eiiri"" ·r ::
- 106 -
74. People v. LYNCH, TOl.4MIE l
...,.,_
AINl:11~):
Lynch, 2012 IL 1/5/1950
-·
AH11:11Daa(1):
App (1st)
s·oa· -'Ght: 11911».
_, 27\S WW HAA.IUSON ST
103296-U
CHICAGO, L60612
YtCTIMI WA51J VIAU 0, AGE
om:NOUI. WAS G ATTHI TIMI C, TWI OFFINSI
FELONY Co-NICTION AFTER 7ti/2011
AGGR.AVAHO CRIMINALSEXUAi. A8LBE.NICTIM <13
J:AJlU!tE TO 11.EPORT CMANG! 0~ ADDRESS
FAILURE TO REPORT ANNUAl.LV/2+
FAJLUR! TO MP()RT A CHANGE Of AOOIUSS/EMPI.OVMENT
75. People v.
Harris, 2012
IL App (1st)
102509-U
t·
I .\
K81111 ~ HARRIS, CARL
Pa,wnt Institution: STATEVILLE CORRECTIONAL CENTER
0ffeml. stattn: P.ECEPTION
Location: NORTHERN RECEPTION CENTER
Sex Offender Registry Required
PHYSICAL PROFILE
Date ot llrtti: 10/11/1979
Weight 187 lbs.
Hair: 8Jadc
Sa: Male
Hâ lght: 6 ft. 00 In.
Aaca: Blade
l!Y9S: Brown
- 107 -
76. People v.
Levi, 2021 IL
App (1st)
160510-UB
R22724 - LEVI, RAPHAEL
Parent lns11tu!lon: SHERIDAN CORRECTIONAL CENTER
011,tnder Status: IN CUSTODY
Loeatlon:
PHYSICAL PROFILE
Dato al i irlh: 08/17/1931
Weight: 260 lbs.
"lair: Blacl<
Sax: Male
l!alght: 6ft. 02 in.
Race: Blacl<
EYH: Brown
77. People v.
Buchanan,
2015 IL App
(1st) 132217-U
B40627 - BUCHANAN, BRIAN
Parent Institution: WESTERN ILLINOIS CORRECTIONAi. CENTER
011,tniler Status: IN CUSTODY
Loeatioft: WESTERN ILLINOIS
PHYSICAL PROFILE
Dato of llrth: 1~~7/1963
W.lght: ~ lbs.
Hair: Black
Sex: Male
Meight: 5ft. 07 In.
Raeâą: Black
Eyâą:s: 6 rown
- 108 -
78. People v.
Polk, 2013 IL
App (1st)
112462-U
M04867 - POLK, DARNELL
Parent IMtttution: MENARD CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location; MENARD
PHYSICAL PROFILE
Date of Birth: 05108/1990
W.igM: 197 lbs.
H11ir: Black
Su: Male
Height: 5 ft. 09 in.
Race: B1'1d<
Eyo: Btt>1>11
79. People v.
Reed, 2018 IL
App (1st)
152883-U
M53810 - REED, MICHAEL
Parâąnt Institution: MENARD CORRECTIONAL CENTER
Offender St\itus: IN CUSTODY
Loe:,tia,: MENARD
PHYSICAL PROFILE
Data ofllrth: 06/22/1993
Waight : 176 lbs.
Hair: Black
Sa: Malo
Holght: 5 fl 09 in.
.._,
Raeo: Black
Bmwn
- 109 -
80. People v.
Williams, 2018
IL App (1st)
160171-U
B63728 - WILLIAMS, NASHON
Parent Institution: WESTERN ILLINOIS CORRECTIONAL CEN7'ER
Offender Status: IN CUSTODY
Location: WESTERN ILLINOIS
PHYSICAL PROFILE
Dalltoflil'lh: 10/01/1975
W41gl!t: 2.20 lbs.
liair: Black
s.,., ~ale
Height: 5 ft. 06 in.
Ra.Cl! Black
Eyes: Brown
81. People v.
Lemon, 2012
IL App (1st)
111150-U
R41049 - LEMON, DERRICK
Parent lnstttutian: MEtlARD CORRECllONAL CENTER
Offeodor Slaw,: INCUSTOD'f
~ioo: NEfJARD
PHYSICAL PROFILE
0allt ofllrth: 07/13/1!::t~
Wtlgt,t: 161 lb!.
Ha1f ; Bodi
Ekx: tJale
*âąo"t: ~ft.. 11in.
AAee: lllod<
Eyes: &wn
- 110 -
82. People v.
Pernell, 2016
IL App (1st)
133876-U
M41160 - PERNELL, MIKEL
Parent lntil2:utle.i: MENARD CORRECTIONAL CEmER
Ofbnderstatus: IN CUSTODY
Looatlon: MS:MARO
PHYSICAL PROFILE
0..1" of 8h1h: 09/02/1979
W.i!Jl,t: 27411>s.
Hair: Black
Sax.: Mala
Hoight: 5ft. Dain.
Rau: Black
Eyn: Brown
83. People v.
McCall, 2017
IL App (1st)
142945-U
~ ,,,,......:_ .~
R59845 - MCCALL, DEAJUANN
Parent Institution: SHAWNEE CORRECTIONAL CENTER
Off«ider Statue: INCUSTOOY
Loc1Uon: SMAWNEE
PHYSICAL PROFILE
Data of lirth: '2/1411987
Wlolght: '651t,:s.
Hair: Blad<
Sax: Male
Holoht: 5 ft. 07 In.
Raee: Blad<
Eyea: BIDcl<
- 111 -
84. People v.
Sanders, 2020
IL App (1st)
170325-U
J ~
M40607 - SANDERS, ERICK
Pa....t Institution: WESTERN ILLINOIS CORRECTIONAL CENTER
Offender Status: INCIIJSTODY
Location: WESTÂŁRN ILLINOIS
PHYSICAL PROFILE
Date of llrth: 04107/1995
Waight: 218 "'"·
Hair. Black
So: Male
Melljht: 5ft. 10 in.
Race: Black
Eyea: Brown
85. People v.
Anderson,
2015 IL App
(1st) 140131-U
R63562 - ANDERSON, MARK
Pâąrent 11\Jtlluiion: SHERIDAN OORRECTIO\lli. CEIITER
Ofilwrlrchr Stalut: INCUSTOOY
......
,at.... ,
PHYSICAL PROFILE
0a1" of Ii.th: 12/26/1980
Wolgllt 155 lbs.
ttaJr:âą 1;:nacli
So: M.!ile
Haight: S ft. 09 l'I.
Raco: Sli:ld
El/OS: B"""1
- 112 -
86. People v.
Barner, 2015
IL 116949
N14389 - BARNER, JOHN
Pare,,t 1n1t1Mlon: SHERIDAN CORRECTIONAL CENTER
~llder S!etus: IN CUSTODY
t..ocatlon:
Sex Offender Registry Required
PHYSICAL PROFILE
Date <If 11111h: 0911)1/1955
Weight: 185 lbs.
Hair: Black
Sex: Male
Height: 5ft. 09 in.
Recâą: Black
Eyn: Brown
87. People v.
Swift, 2019 IL
App (1st)
161106-U
M13598 -SWIFT, DANZEL
Parâąnt Institution: PINCV.NEYVILLE CO.~ECTIONAL CENTER
Offender Statua: IN CUSTODY
Locat'6n: PINCV.NEYVILLE
PHYSICAL PROFILE
l>âąle of Ill.th: 07/1Bl19Q1
Weight: 148 lbs.
Hair: Black
Sex: Male
Height: 5ft.10 1n.
Race: Black
Eyu: Bmwn
- 113 -
88. People v.
Jackson, 2018
IL App (1st)
153559-U
M40957 - JACKSON, TAVARIS M.
Plllrâąnl lilS11tulloA: SHeRIDAN CORRECTIONAL CENTER
°"""oor Sta1us: PAROLE
Local!on: PAROLE DISTRICT 1
PHYSICAL PROFILE
Date of Blrttl: 07/15/1995
Weigh!: 270 lbs.
Hai,: Block
s.,., Male
Hâąigllt: 5ft.081n.
Ra<:8: Black
El/h: Brown
89. People v.
Lewis, 2015 IL
App (1st)
130171
/ '--- J.
M33598 - LEWIS, SAMUEL
Parent tnalltutiOn: KEWANEE LIFE SKILLS RE-ENTRY CENTER
Offender S!atut : IN CUSTODY
Loqtlcfl: KEWANEE
PHYSICAL PROFILE
Dale of llrt~: 03/23/1976
Weight: 216 Iba.
Hair: 61ad<
Sa:.:: Male
Haight: 6ft. 01 in.
Raca: f lad<
Eyos: f rown
- 114 -
90. People v.
Gibbs, 2019 IL
App (1st)
163132-U
"\,
M50043 - GIBBS, MARIO
Parent Institution: WESTERN ILLINOIS CORRECTIONAL CENTER
Offwndor Status: IN CUSTODY
Location: WESTI:RN ILLINOIS
PHYSICAL PROFILE
oat. ol llilth: 01,;6/1991
Weight: 265 ll>s.
Hair: Bleck
Sox: 1,4ole
"-l!Jhl: 6ft. 04 in.
Raee: Bleck
Eyo,s: Brown
91. People v.
Johnson, 2017
IL App (1st)
141202-U
M43807 - JOHNSON, MICHAEL A.
1'11,.,,t lnstllutien: STATEVILLE COARECTIONAL CENTER
Ofbnder St.itus: IN CUSTODY
~ion: STATEVILLE
Sex OffenCMr Registry Required
PHYSICAL PROFILE
Date t>f 811th: 09/05/1935
W.lgh1: 23/i Iba.
Hair: Bladt
!a,c: M!lle
Height: 8 ft. 0311\.
Raea: Blaclt
l!yn: Brown
- 115 -
92. People v. "'°°'"'"'
--
"'°°'"""'
Brock, 2015 IL
App (1st)
133404
-
Dllte .. llrlk
Al'- Del(t~
en-..........
2N1NS
,.,.
OOC,OO. ~ tmlll
,., ...
YtCTIM WAS 11 YIAltS 0, MIi
O"INDUl WAS 31 ATTMI TIMI o, THI Oll'FINSI
~WIU TO M.PO«T CHANGE Of ADORCSS
FAlt.UIU: lO M:PC>fn CHANG( Of ADOUSS
iHOICINf i.MlmlS WITH A Cl«.OiSD
Nl.ONVC<»MCnONNT01/1/'llJ11
IHOKIHl uwmu WITH A CHt\.MVC
AG<i!WMT(O CIUt.WW.. SÂŁXlW. ASSALlT/WfAPON
SVI OfftNOUl llEGIST(ltlNG/fAlSE NO
AAil TO REPORT OfANGf Of ADOllSS/lMP\.OVM(NT/2HO
(OUfltyofComkdotr. Cool:
93. People v.
Peters, 2011 IL
App (1st)
092839
' -. , _ ; ~
\
817213- PETERS, JERRY
Parwnt lnsCftutlon: MENARD CORRECTIONAL CENTER
Offender Statu1: INCUSTOOY
Location: IVENARD
Sex Offender Registry Required
PHYSICAL PROFILE
Date of llirth: 07/1511959
Weight: 198 lbs.
llllr. '!lack
Sex: Mala
Height: 5 ft. OIi in.
Race: 818ck
!ya: Bllllm
- 116 -
94. People v.
Smith, 2018 IL
App (1st)
170008-U
876423 - SMITH, ANTONJUAN
Parent Institution: VIENNA CORRECTIONAL CENTER
OINndor Status: IN CUSTODY
Location: VIENNA
PHYSICAL PROFILE
Date of Blrlh: 12/15/1976
Waigh.t 199 lbs.
Hair; Slack
Sa>: Male
Height: 61l 00 In.
Race: Black
El/tll' Brown
95. People v.
Davison, 2019
IL App (1st)
161094
R70904 - DAVISON, TERELL
ParaRt l~llt:utloo: LAWRENCE CORRECTIOIIAI. CENTER
O!i9fld8t'Sta1t.ls: IN CUSTODY
Location: LAWRENCE CORRECTIOIIAL CENTER
PHYSICAL PROFILE
D.atoof817tfl: 06/:27J1Q87
Wilg'-: 201 11>3.
Mal,: 91ar,k
s.;., Male
Maioht: 5 ft. 07 In.
!<ace: Black
Eye,,: Brcwn
- 117 -
96. People v.
Beasley, 2014
IL App (1st)
121300-U
N95478 - BEASLEY, LARRY
Parent Institution: WESTERN ILLINOIS CORRECTIONAL CENTER
Offender St-atuo: IN CUSTODY
Loeotion: WESTERN ILLINOIS
Sex Offender Registry Required
PHYSICAL PROFILE
Daw of lirth: 12/15/1970
Weight: 2.301bs.
Hair. 81acl:
Sex: Mate
H eight: 511. 11 In.
Ra .., Blad(
Eyt1: l!TQwn
97. People v.
Nugen, 399 Ill.
App. 3d 575
(1st Dist. 2010)
l
R62320 - NUGEN, WARDELL
l'anntln~on: WESTERN IWNOIS CORRECTIONAL CENT ER
Offudtr 11atu11: IN CUSTODY
Lcea.Clon: WESTERN ILLINOIS
PHYSICAL PROFILE
0attollll1h: 10/12/1964
Weight: 187 lbs.
Hair: Bleck
la: Male
Mllghl: 5ft. oa 1n.
Race: 81aet
Eyu: Brou.-n
- 118 -
98. People v.
Wilson, 2014
IL App (1st)
113570
M18400 - WILSON, RAYVONNE
Pannt lnsttlutlon: WESTERN ILLINOIS CORRECTIONAL CENTER
Offender Status: IN CUSTOOY
Loeallon: WESTERN ILLINOIS
PHYSICAL PROFILE
Dote of Birth: 0Sf.22/1968
Weight: 185 lbs.
Hair. Black
Sex: Male
Mal9hl: 5fl. 11in.
Race: Black
Eyu: sro,.-vn
99. People v.
Selvie, 2012 IL
App (1st)
102500-U
B34016 - SELVIE, MICHAEL
Pa,.nt Institution: PINCKNEYVILLE CORRECTIONAL CENTER
01'19ndtr Status: I N CUSTODY
Location: PINCKNEYVILLE
PHYSICAL PROFILE
Date ofBlfth: 09/03/tsn
W.lgM: 315 ba.
Hair: Black
Sex· Male
Nolght 511.09 1n.
Race: Black
Eyos: Brown
- 119 -
100. People v.
Tatum, 2019 IL
App (1st)
162403
Y15638 - TATUM, SYLVESTER
Parent lnatttution: MIU CORRECTIONAL CENTER
Offender Slotuo: IN CUSTODY
Loc1ti0t1: HIU
PHYSICAL PROFILE
Dalt of Birth: 12/03/1979
Weight: 310 lbs.
Hair: Black
Sex: Male
Haight: 5ft. 10 in.
Raco: Black
Eyu: Brown
101. People v.
Dunn, 409 Ill.
App. 1153
(2011) (table)
(unpublished
order under
Illinois
Supreme Court / .,,,, \ '\
Rule 23) M01226- DUNN, DEMARCUS
Pa,...,! Institution: DANVILLE CORRECTIONAL CENTER
Offwnder St.CUâ : IN CUSTODY
Location: DANVILLE
PHYSICAL PROFILE
Dale of Birth: 0912711988
Weight! 1721ba.
Hâąlr: Blade
Sa: Male
Height: &ft. 01 In.
Race: Bladt
l!:y.a: Brown
- 120 -
102. People v.
Randall, 2016
IL App (1st)
143371
~
1~
\_
K72456 - RANDALL, TERRELL
Pantl"li tnetitutiQn: PONTIAC CORRECTIONAL CEMTER
CW.ftder St:rtus: IN CUSTODY
Loeation: PONTIAC
PHYSICAL PROFILE
Dato of Birth: 06/17/1979
Weight: 160 lbs.
Holr: Black
Sex: Male
Holgllt: 511. 04 In.
Ra~: Black
Eyes: Brown
103. People v.
Clark, 2012 IL
App (1st)
1000066-U
M10831 -CLARK, RICO
ParenC lntlllltltlon: MENARD CORRECTIONAL CENTER
Offender statua: IN CUSTODY
Loeetion: MENARD
PHYSICAL PROFILE
Daia of Birth: 11/25/1987
Weight 180 lbs.
Hair: Blad<
Sa: Male
Haight 5 ft. 06 In.
Roce: Bladt
Eyn: Brown
- 121 -
104. People v.
Cotton, 393 Ill.
App. 3d 237
(1st Dist. 2009)
B37458 - COTTON, LAVELLE
Parent lnstttutlan: LAWRENCE CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Leeation: LAWRENCE CORRECTIONAL CENTER
PHYSICAL PROFILE
Dale of Birth: 11/2111971
~ight: 176 lbs.
Hair: Blad<
Sc: Male
H4ighl: 5ft. 07 In.
R.lce: 810CI<
Eyu: erown
105. People v.
Williams, 2020
IL App (1st)
163417
-
~
/ \ ·\
K73192 -WILLIAMS, JEFFREY
, _ , 1..1tltlltlon: OANVIUE CORRECTIONAL CENTER
Offeftder Statua: INCUSTOOY
l.ocalion: OANVlUE
PHYSICAL PROFILE
Dalooflllrth: 10/13/1980
Weight: 140 Iba.
Hair. Blad<
!a: Male
Melgl,t: 5 ft. 09 In.
Raao: Bllld<
ÂŁya: Blown
- 122 -
106. People v.
Lewis, 2015 IL
App (1st)
122411
N54072 - LEWIS, ANDRE
Parent Institution: STATEVlLLE CORRECTIONAL CEN'TER
Offender Statue: IN CUSTODY
Location: STATEVILLE
PHYSICAL PROFILE
Oat.of Birth: 10/25/1966
Weight: 160 lbs.
H.air: Blacl;
S..: Male
Height: 5 ft. 10 in.
Race: Black
l!Yff: BroWl'l
107. People v.
Cox, 377 Ill.
App. 3d 690
(1st Dist. 2007)
JA
R47029 - COX, QUENTION
Parent ln1tllutlon: HILL CORRECTIONAL CENTER
Offfflder SlalUS: WRIT
Locallon: COURT
PHYSICAL PROFILE
Dalo of Birth: 07/11/1987
...
Weight:
H;alr:
,
Hoighl:
11a..,
140 lbs.
B!adc
Male
5 11.07 h.
B!adc
l!yos: Blacl<
- 123 -
108. People v. Details
Stewart, 2020 An-est
IL App (1st) ).L:).,.iE ROm-..=:'' E ~TI:'l..i!.J ff
170250-U AGE
C6 NUMBER
41
lt315 l1S-
ARRESTED 9..n:::r], il>~.r; 22 '.2l'.!18-4.45Ftw
ARRE ST LOC,..\TtON ~~3 t-·e·~~~E ST
A~ES11NG A.GENCV Qi.CL.GO POL.i'CE. JEPAJTTLE~r
J:l.~~J!..f;$1ll;;,l,~Y, l.~o<io, M,,, 23, 2016 6;"' CJ~
PU#iJJQN~JJJr:tl
OO!WTVPE
BONO AMOUl,T
BOHO DATE
AREA 3. ~..cr.t1
OiSTqc-J 01~
SEAT :~3
109. People v.
Wiley, 2016 IL
App (1st)
140137-U
M41951 - WILEY, MUHAMMAD
hrâąnt lnwfflutlon: CENTRALIA CORRECTIONAL CHITER
Offender Status: IN CUSTODY
Localion: CENTRALIA
PHYSICAL PROFILE
Data of Blrth: 09/W/1995
Weight: 2201bS.
Halr: Black
Su: Male
Haight: 511. 07 In,
Race: BIIICk
EYN: Black
- 124 -
110. People v.
Henderson,
2017 IL App
(1st) 142259
''
M46170 - HENDERSON, RONALD
Paretti 1"3titution: STATEVILLE CORRECTIONAL CENTER
O!fonder Status: IJIICUSTODY
Location: STATEVILLE
PHYSICAL PROFILE
Dale of Birth: 05/19/19SO
Weight: 167 lbs.
Hair: Black
Sax: Male
H<ili!lhl: 5 R 11 in.
Rae.: Slack
Eyes: Brown
111. People v.
Harris, 2020
IL App (1st)
190690-U
M44405 - HARRIS, KYJUANZI
Puent l natliuticn: WESTERM ILLINCtS CORRECTIONAL t,"EN-rEI<
Oi'el1$rS1a1,1: IN CUSTODY
Location: WESTERN IL.INOIS
PHYSICAL PROFILE
DateofBrtil: 02/a"J/19a6
'Nelgh.t 17511>S.
H,1Jr: Brown
SC.: Pl'EIC
H11gtr1: 5rt Ol! In.
Reeo: Blad<
!yn: Brol/lTI
- 125 -
112. People v.
House, 2014 IL
App (1st)
102605-U
R43611 - HOUSE, JAMES
Parent lnstl'tuflOn: MENARD CORRECTIONAL CENTER
Olfeâąder Stalus: IN CUSTODY
Locotloâą: MENARD
PHYSICAL PROFILE
Date ol Birth: 07121/1977
Weight: 192 lbs.
Hair: Blad<
Sex: Male
Height: 5 ft. 11 in,
Race: Blad<
Eyn : Brown
113. People v.
l.11âą.!lim-<-t:
Lee, 2013 IL Oolt'>f 5-111
' '"'O:iEJ!-.:
App (1st) ~tl:t/11:
,...,_ H,,·~ ....
111795-U . fll t- ;.11-,:,0âą;
--- Y\CTIW'tlt.ÂŁ t ;: 'TEAll!tOf .-CE.
:âąAE..el!Jt ,V.\t tolilf t,,ll fll,ll(lll f Nf ti,9,IHU
.w:~~....,,e~~=rJ'l'l. SEiQJ,l.L âąEa
.,,W~ '"O 'lll'>:RI'J. CIW-t~E CF ,lJXf;;t:r,,'3.9 ,'Pt.C/l 'U :WT
~1'1u.lF.'f:"t:. :a:l'l.:KI J.Ctwt~to(:f-,>J).l\l:$'3.':/NU,,/T.<1 ,..1
âą,~ 11.Jf';: Tr.P.Ff>ffH ,1 ('.K\âą;O: tl~ <Jff,l'fh f i.âąfl ,-,.~..N
- 126 -
114. People v.
Johnson, 2012
IL App (1st)
091324-U
R43615 - JOHNSON, JAMES
Parent Institution: LAWRENCE CORRECTIONAL CENTER
Off,,nder Status: IN CUSTODY
location: LAWRENCE CORRECTIONAL CENTER
PHYSICAL PROFILE
DatoofBli11t: 10/21/1980
W<Olghl: 1751b._
Holr: Black
Sax: Male
Haight: 5 ft. 07 In.
Race: Blael<
Eyes: Brown
115. People v.
Baker, 2023 IL
App (1st)
211588-U
R29601 -BAKER,DWAYNE
Parent lnstllutlon: MENARD CORRECTIONAL CENTER
Olftnd« Statua: IN CUSTODY
Location: MENARD
PHYSICAL PROFILE
Oate ofBlnh: 09/2311982
Weight 2131bs.
Hair. Brown
Stx: Male
Htlght: 8ft 01 In.
Rice; Black
Ey"5: erov,,,
- 127 -
116. People v.
Bradley, 2023
IL App (1st)
190948-U
Y35713 - BRADLEY, ANTHONY
Parent tnstltution: STATEVILLE CORRECTIONAL CENTER
Offtndâąr Status: PAROLE
Location: PAROLE DISTRICT 1
PHYSICAL PROFILE
OattofBlrth: 08/0611990
Weight: 222 lbs.
Hair: 8/aek
S.x: Mele
Height Sft. 11 in,
Race: Black
Eyes: Brown
117. People v.
Carter, 2023
IL App (1st)
220491-U
(defendant
Kelvin Carter)
K57777 - CARTER, KELVIN
P91'8nt ln,titution: l-'IN<.:-<NE:YVILLE CORRECTl01'A- CENTER
Offender Status: IN CUSTODY
Location: PINCKNE'NILLE
Date of Bintl: '0/13!1978
Weight: ·sa 1t~.
Hair: Black
Sex: Msle
Height: 5 ft. 08 in.
Race: Black
Eyes: Rrown
- 128 -
118. People v.
Davis, 2023 IL
App (1st)
211469-U
M27481 - DAVIS, CEDRYCK
Parent Institution: JOLI ET TREATMENT CENTER
Offender Status: IN C U STODY
Location:
Date of Birth : 02/18/ 1991
Weight: 164Ibs.
Hair: Black
Sex: Male
Height: 5ft. 11 in.
Race: Black
Eyes: Brown
119. People v.
Dorsey, 2023
IL App (1st)
200304
Y41003 - DORSEY, JERRELL
Parent Institution: PINC KNEYVILLE CORRECTIONAL :'.:ENTER
Offender Statuo: IN CUSTODY
Location: PINCKNEYVILLE
Date Of Birth: UV'I0/1966
Weight: 160 lbs.
Hair. Rl.sr:k
Sex: Male
Height 5ft. 09 in.
Race: Back
Eyes: B·OIM'l
- 129 -
120. People v.
Erwin, 2023 IL
App (1st)
200936
R57260 - ERWIN, DEAUNTE
Parent Institution: DIXON CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: DIXON
Date of Birth: 09/04/1978
Weight: 190 1bs.
Hair: Black
Sex: Male
Height: 5ft. 06in.
Race: Black
Eyes: Brown
121. People v.
Gill, 2023 IL
App (1st)
201109-U
Y41866 - GILL, ERICK
Parent Institution: WtS I tKN ILLINOIS CORRECTIONAL CENTER
Offender Statuâą: IN CUSTODY
Loc.ation: WESTERN ILLINOIS
l>.lto of Birth: 11/14/1991
Wel!llt: :l501bs.
Hair~ Black
Sex: M~
Height: 6ft. 06 ii'.
Race: Black
Eyes: Brown
- 130 -
122. People v.
Hawkins, 2023
IL App (1st)
220604-U
M01180 - HAWKINS, TERRY
Parent Institution: CENTRALIA CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: CENTRALIA
Sex Offender Registry Required
Date of Birth: 09/04/1969
Weight 190 lbs.
Hair: Black
Sex: Male
Height: 5ft.08in.
Race: Black
Eyes: Brown
123. People v.
Jackson, 2023
IL App (1st)
200017-U
Y40207 - JACKSON, JOVAN
Parent Institution: JOLIET TREATMENT CENTER
Offender Status: IN CUSTODY
Location:
Date of Birth: 06/06J1991
Wei.ght: 2001bs.
Hair: Brown
Sex: Male
Height 5ft.07in.
Race: Black
Eyes: Brown
- 131 -
124. People v.
Massey, 2023
IL App (1st)
220123
....._._ ... 'I.
Y14682 - MASSEY, CLINT
Parent Institution: WESTERN ILLINOIS CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: WESTERN ILLINOIS
Date of Birth: 02/18/1997
Weight: 155 Ibs.
Hair: Black
Sex: Male
Height 5 ft. 08 in.
Race: Black
Eyes: Brown
125. People v.
Murphy, 2023
IL App (1st)
221553-U
R71059- MURPHY, JAMELL
Parent Institution: LAWRENCE CORRECTIONAL CENTER
Offender $t3tus: II\ CUSTODY
Lceation: LAWRENCE CORRECTlmlAL CENTER
Date of Birth: 06/08/1980
Weight: 275 lbs.
Hair: Black
Sex: Male
Height: 6 lt.01 in .
Race: Black
Eyes: Brown
- 132 -
126. People v.
Randall, 2023
IL App (1st)
220689-U
K72456 - RANDALL, TERRELL
Parent Institution: MENARD CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location : MENARD
Date of Birth: 08/17/1979
Weight: 165 lbs.
Hair: Black
Sex: Male
Height: 5 ft. 04 in.
Race: Black
Eyes: Brown
127. People v.
Spencer, 2023
IL App (1st)
200646-U
Y41721-SPENCER,EUGENE
Parent Institution: PONTIAC CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location:
PRGfl[E
Date of Birth: 09/24/199'1
Weight 2171bs.
Hair: Black
Sex: Male
Hâąlght: 6 ft. 00 in.
Race: Black
Eyes: Brown
- 133 -
128. People v.
Streater, 2023
IL App (1st)
220640
R03820 - STREATER, WILLIE
Parent Institution: PONTIAC CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: PONTIAC
Sex Offender Registry Required
Date of Birth: 08/19/1962
Weight: 193 lbs.
Hair: Black
Sex: Male
Height: 5ft. 08 in.
Race: Black
Eyes: Brown
129. People v.
Tyler, 2023 IL
App (1st)
181821-U
l
Y30672 - TYLER, MATTHEW
Parent Institution: WESTERN ILLINOIS CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: WESTERN ILUNOIS
Date of Birth: 11/16/1989
Weight: 185 lbs.
Hair: Brown
Sex: Male
Height: 5ft. 10 in.
Race: Black
Eyes: Brown
- 134 -
130. People v.
Ward, 2023 IL
App (1st)
190364
Y34150 -WARD, MICHEAIL
Parent Institution: PONTIAC CORRECTI ONAL CENTER
Offender Status: IN CUSTODY
Location: PONTIAC
~~---~;"I "",.,.·âą-I!
l.~. ""- ,.,.:..::...a_ .
Date of Birth: 08/09/1994
Weight: 219 lbs.
Hair: Black
Sex: Male
Height: 5 ft. 09 in.
Race: Black
Eyes: Brown
131. People v.
Wilson, 2023 IL
App (1st)
200702-U
Y41192-WILSON , QAWMANE
Parent Institution: HILL CORRECTIONAL CENTER
'
Offender Status: IN CUSTODY
Location: HILL
Date of Birth: 12/03/1989
Weight: 126 lbs.
Hair: Brown
Sex: Male
Height: 5 ft. 03 in.
Race: Black
Eyes: Not Available
- 135 -
132. People v.
Wimberly, 2023
IL App (1st)
220809
R50509-WIMBERLY, DARRELL
Parent Institution: PINCKNEYVILLE CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: PINCKNEYVILLE
E
Date of Birth: 11/20/1985
Weight: 185 lbs.
Hair: Black
Sex: Male
Height: 5 ft. 08 in.
Race: Black
Eyes: Brown
133. People v.
Charles, 2022
IL App (1st)
210247-U
M54753-CHARLES, JAMAAL
Parent Institution: LAWRENCE CORRECTIONAL CEr-JTER
Offender Status: IN CUSTODY
Location: LA'NR::NCE CORRECTIONAL CENITER
Sex Offender Registry Requ ired
Date of B irth: 03115/1907
Weight: 180 lbs.
Hair: Blsct
Sex: Male
Height: 5ft. 07 in.
Race: eI~ct
Eyes: Brown
- 136 -
134. People v.
Ivy, 2022 IL
App (1st)
191702-U
K96604 - IVY, TERRELL
Parent Institution: LAWRENCE CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: LAWRENCE CORRECTIONAL CENTER
....,..
".I ..c.l ;_ âąâą ~~~'Ii I \' · ~ - -
Date of Birth:
Weight:
Hair:
Sex:
Height:
Race:
Eyes:
135. People v.
Joseph, 2022
IL App (1st)
192051-U
Y22155 - JOSEPH, LEONDO
Parent Institution: LAWRENCE CORRECTIONAL CENTER
Offender Status: WRIT
Location: COURT
Sex Offender Registry Required
Date of Birth: 08/06/1976
Weight: 180 lbs.
Hair: Black
Sex: Male
Height: 5 ft. 10 in.
Race: Black
Eyes: Brown
- 137 -
136. People v.
McCray, 2022
IL App (1st)
191099-U
R63745 - MCCRAY, NATHANIEL
Parent Institution: STATEVILLE CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: STATEVILLE
Date of Birth: 12/29/1980
Weight: 200 lbs.
Hair: Black
Sex: Male
Height: 6 ft. 03 in.
Race: Black
Eyes: Brown
137. People v.
Mohamed,
2022 IL App
(1st) 210189-U
/ , '
M19608 - MOHAMED, ELEMO
Parent Institution: HILL CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: HILL
Date of Birth: 01/15/1992
Weight: 160 lbs.
Hair: Black
Sex: Male
Height: 5 ft. OG in .
Race: Black
Eyes: Brown
- 138 -
138. People v.
Pierce, 2022
IL App (1st)
201040-U
R61521 - PIERCE, SHAROD P.
Parent Institution: STATEVILLE CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: STATEVILLE
Date of Birth: 06/2711987
Weight: 173 lbs.
Hair: Black
Sex: Male
Height: 6 ft. 00 in.
Race: Black
Eyes: Brown
139. People v.
Rush, 2022 IL
App (1st)
200656-U
(
R70896- RUSH, TERRANCE
Parent Institution: MENARD CORRECTIONAL CENTER
Offender Status: IN .CUSTODY
Location: MENARD
-.-~----:;·Y;:r ~~, -- ..,_
..... ,I- _ ... ,J.: '"-" ~ bi - - ,,._
Date of Birth: 04/06/1984
Weight: 199 lbs.
Hair: Black
Sex: Male
Height: 6ft. 02in.
Raceâą: Black
Eyes: Brown
- 139 -
140. People v.
Smith, 2022 IL
App (1st)
190691
(defendant
Aaron Smith)
~
Y35418 - SMITH, AARON
Parent Institution: HILL CORRECTIONAL CFNTF.R
Offender Status: IN CUSTODY
Location: HILL
Date of Birth: 12/30/1985
Weight: 202 lbs.
Hair: Brown
Sex: Male
Height: 5 ft. 08 in.
Race: Black
Eyes: Brown
141. People v.
Starks, 2022 IL
App (1st)
190587-U
M27220 - STARKS, BRANDON
Parent Institution: MENARD CORRECTIONAL CENTER
Offander Status: IN CUSTODY
Location: MENARD
Date of Birth: 04/3011987
Weight: 177 lbs.
Hair: Black
Sex: Male
Height: 6 ft. 00 in.
Race: Black
Eyes: Browr
- 140 -
142. People v.
Walker, 2022
IL App (1st)
210508-U
M32755 - WALKER, JUSTIN
Parent Institution: PINCKNEYVILLE CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: PINCKNEYVILLE
~-~-Jj-~;--:r--1 .
,.. .l'i.."- - ~-I... . .
Date of Birth: 10/15/1990
Weight: 180 lbs.
Hair: Brown
Sex: Male
Height: 6 ft. 04 in.
Race : Black
Eyes: Brown
143. People v.
Washington,
2022 IL App
(1st) 200638-U
R32363-WASHINGTON, TERRELL
Parent Institution: SHERIDAN CO~RECTIONAL CCNTER
Offender Status: IN CUSTODY
Location: SHERIDAN
Date of Birth: 09/10/1980
Weight: 178 lbs.
Hair: Black
Sex: Male
Height: 5 ft. 11 in.
Race: Black
Eyes: Bro'Nn
- 141 -
144. People v.
Wright, 2022
IL App (1st)
210301-U
A51322 -WRIGHT, HARVEY
Parent Institution: PONTIAC CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: PONTIAC
Sex Offender Registry Required
--~-,,-.,,--,,-
1 ~' - ~ ....__âą âą t s.-. âą ;~~ '
Date of Birth: 05/13/1957
Weight: 187 lbs.
Hair: Black
Sex: Male
Height: 5 n. 11 in.
Race: Black
Eyes: Brown
145. People v.
Smith, 2021 IL
App (1st)
190421
(defendant
Rashawn
Smith)
M27168 - SMITH , RASHAWN T.
Parent Institution: WESTERN ILLIN OIS CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: WESTERN ILLINOIS
..... T....,.. ... __....,.--:r
..
Date of Birth:
- -..
.
,,. ·~
-
12/27/1993
- .. "'
Weight: 221 lbs.
Hair: Black
Sex: Male
Height: 5 ft. 11 in.
Race: Black
Eyes: Brown
- 142 -
No PictureâWitness in Case Identified Defendant as Black
146. People v. Carter, 2023 IL App (1st) 200093-U(defendant Anton Carter) 147. People v. Williams,2023 IL App (1st) 192463 148
. Van Buren v. City of Chicago,2023 IL App (1st) 220525-U
149. In re J.A.,2019 IL App (1st) 181763-U
(minor defendant) 150. In re Antoine H.,2016 IL App (1st) 152677-U
(minor defendant) 151. People v. Thomas,2016 IL App (1st) 141040 152
. People v. Ferguson,2014 IL App (1st) 121614-U
Black Females
153. People v.
Moore, 2019 IL
App (1st) s;...,- ti':: F.lf~ l .'C ;,.Rf.
~e
180735-U
,>.l'I ~t 0 ·1:.i =" .... . ~-~ ~, o;. -..;⹠J'·, ,
.t,"1F.! S l.Ot:..TlCl"1 ~ uv· : 1'.'l~.--:. ,:-
um:!:71 S ffi!~\ c.n r: -s: ~.. .,;;;;:_~.- .--r ·E:-i
l:l[l ey;;+;:-r,i(i;,Sf"l 7t,~ . i'l'."1 j 't ::.; ~ 1 ,_ I l - âą
i;fTr1tf/.~..., ·⹠FAi:.t-_f1"I'âą
91:'!;.i; , r;,:;
B'Cm[) JillniJIJ~i
W t,mr:i,r.7c:
AAEA ;; ⹠: ·«
o·sr tr q ,.
t£41 ·.:,~~
- 143 -
154. People v.
Carr-
McKnight, 2020
IL App (1st)
163245
Y12536 - CARR-MCKNIGHT, AMELIA
Pafeflt Institution: LOGAN CORRECTIONAL CENTER
Offendor Status: IN CUSTODY
Loc:ation: LOGAN
PHYSICAL PROFILE
Date of Birth: 04126/1972
Weight: 213 lbs.
Hair: Blaci<
So: Female
Haight: 5 ft. 02 In.
Race: Bi-Racial
Eyu: Blacl<
- 144 -
Latinx Males
155. People v.
Garcia, 2021
IL App (1st)
192576-U
Y38670 - GARCIA, GIOVANNI
Parent ltlllliulion: PONTIAC CORRECTIONAL CENTER
Offllflffr Status: IN CUSTODY
Leeatlon: PONTIAC
PHYSICAL PROFILE
Date of Birth: 11/11/1995
Weight: 205 lbs..
Mair: Slack
Su: Male
Height: 5ft. 11 In.
Race: Hlspartc
EY9s: Srown
156. People v.
Velez, 2011 IL
App (1st)
101650-U
R50938 - VELEZ, VICTOR
Pantnt l113tltutic:m: HILL CORRECTIONAL CE.NTER
Offendar talus: IN CUSTODY
Lo1:111ion: HI L
PHYSICAL PROFILE
Date of lrth: 0211711982
Wei ht: 170 lbs.
~Ir. Black
s,,.: Male
M lght: 5ft.041n.
r:tac.: Hli;panlc
Ey 1: Brown
- 145 -
157. People v.
Lerma, 2021
IL App (1st)
181480
M28860 - LERMA, EDUARDO
Parent IMtilutiofl: MENARO CORRECTIONAL CENTER
Offeâąder Status: IN CUSTODY
LoeatN>n: MENARO
PHYSICAL PROFILE
Cala ofBllth: 01/2911979
Wolght: 170 lbs.
Hair: Black
So: Male
Holghl: 5ft. 09 In.
Ra.ca: ltiiSQanlc
Eyes: Brown
158. People v. Details
Perez, 2021 IL A/fe5i
App (1st) HAMI! VICTOA "'-P.S
181400-U AGf
CB NtR.1BER
::,,
:s,~25e9
AARHT'fD Sdu,r,ti~ UCf."ffOl!1 1.C ~ IS 11-M j:.JII
~ARf5TI.OCAOON 2"1 WUJ~'-UtOZM~HORU
AF.RU'llhG AGEHC"t CH:c,;.oo P«.I« :,ep,.:..;m,1tt,-
.flfl.W.;QJ.4~ Sul~;. fbtt.:'fibtt 15. 2Ulj L-OOA.}l
~ll&lo:JJ
BOND TI-PE
80~ -...OUj(f
80M01:„il!
ARU. l-::C..,V
0 1.f'l'AICT ('14
8UT 142,
- 146 -
159. People v.
Cano, 2020 IL
App (1st)
182100-U
M40291 - CANO, SAMMY
Parent Institution: BIG MUDDY CORRECTIONAL CENTER
Olleftder Stllut : JNCUSTOOY
Lcealion: BIG MUOOY RIVER
Sex Offenr.Nr Registry Required
PHYSICAL PROFILE
0ate of 8 irtll: 09/0511973
Wâąlght, 1581bs.
Hair: Brown
Se~: Male
~ight: 5 ft. 03 in,
Raee: Hispanic
ÂŁy,,a: Brown
160. People v.
Bahena, 2020
IL App (1st)
180197
Y26870 - BAHENA, SERGIO
Parent Institution: LAWRENCE CORRECTIO~JAL CENTER
Oflende, Status: INCUSTOOY
Location: LAWRENCE CORRECTIONAL CENTER
PHYSICAL PROFILE
Cate of 811'1!1: 09/2111992
Weight: 235 lbs.
Hair: BJac'i<
Sax: Male
Holglll: 5 It. 08 in.
Raca: Hispanic
Eyao: Brown
- 147 -
161. People v.
Ruiz, 2020 IL
App (1st)
171436-U
Y21829- RUIZ, MARTIN
Parent Institution: HILL CORRECTIONAL CENTER
Offender Status: INCUSTOOY
Location: HILL
PHYSICAL PROFILE
Data of 8ir1h: 08/1711988
Weight: 240 lbs.
Hair: Black
Sax: Mate
Height: 5ft. 03in.
Race: Hispanic
Eyes: Brown
162. People v.
Resendiz, 2020
IL App (1st)
180821
âą
Y16452- RESENDIZ, JOSE
Par...i lnstlllltlon: ILLINO!S RNER CORRECTIONAL CENTER
OW&. ., St1tu1: IN CUSTODY
L-IOn: ILLINO!S RNER
Sex Offender Registry Required
PHYSICAL PROFILE
Oata oflllth: 011/21/1972
W.lgllt: 150 lbs.
Mair: Black
Sa: Male
...lght: S ft 02 ln.
llaca: Hlapanlc
i!yes: BIOWTI
- 148 -
163. People v.
Alicea, 2013 IL
App (1st)
112602
...
v...;v·o:.s.-:o- ..:.5f£::~:
DCC ~ 1.omcet : âą;;,.:, s-?
Mr11!':!5:~!us: ,._ : âą_:--::
Loca~or ..:.. ·.: .... _.:..
B'nti OCl!e ~;: 2- ~;:-
'l}.?e-igrn . ~:5 i: - : .::;,
t"racr Ceo, :- a:-..
C"'l!!".O:r . . ,; =~
t-,1!:·g,..! : E .. - 5 -
Rat~~$:::-- :
E}'f'Cc.o, ~·: · ,.
Adf'l"iÂŁ.SOr"I ~le - ;.c, z;:~
P·o~e, -:td PJ--cle ::a"!c! : ~ · :: 2:~5
L~t Pd"'O e-!! Oa~ ;
Pâąo_ec edDsctta,;eo~ , ·.: 2:,:
S! .11'1 / >.-4.!lfh I Tattocs
164. People v.
Sepulveda,
2018 IL App
(1st) 153626-U
M55253- SEPULVEDA, SALVADOR
Parent Institution: SHAWNEE CORRECTIONAL CENTER
Offender Statue: IN CUSTODY
Location: SHAWNEE
Sex Offender Registry Required
PHYSICAL PROFILE
Dat.oflillrth: 0&02/1969
Weight: 1701bs.
Hair: Blade
Sex: Male
Height: 5ft. 04 1n.
Ra..: Hispanic
Eyu: Brown
- 149 -
165. People v.
Rodriguez,
2020 IL App
(1st) 171200-U
K76536 - RODRIGUEZ, DANIEL
PaNnt lns111U1:Jon: MENARD CORRECTIONAL CENTER
OffGlndar statua: IN CUSTODY
UXatlon: MENARD
PHYSICAL PROFILE
Data of Birih: 03/27/1982
IIUalght: 175 lbs.
Hair: Black
&ex: Male
Htlght: 5ft. 08 in.
Race: Hispanic
Eyu: BrO\M'l
166. People v.
Andrade, 2018
IL App (1st)
151651-U
~-
M27374 - ANDRADE, CARLOS
Pa.rent Institution: CENTRALIA CORRECTIONAL CENTER
Ollender Sla1us: INCUSTOOY
Loeollon: CEmRAllA
PHYSICAL PROFILE
Dato of llrlh: 11/20/1990
Weight: 236 lbs.
Mair: Blacl<
S..: Male
Holght: 5 ft. 09 in.
Raca: Hispanic
El/91: Brown
- 150 -
167. People v.
Ascencio, 2019
IL App (1st)
161693-U
M05248 - ASCENCIO, RICHARD
Pt1rent Institution: EAST MOLINE CORRECTIONAL CENTER
Offender Slatu1: PAROLE
Loeallon: PAROLE OISTRICT 1
Sex Offender Registry Required
PHYSICAL PROFILE
Dalo of Birth: 011/11/1990
Weight: 150 lbs.
Hair: Block
Sex: Male
Height: 5ft. 05111,
Race: Hispanic
l!yoo: Brown
168. People v.
Soto, 2015 IL
App (1st)
132367-U
M38274 - SOTO, JAVIER
Parent lnsfflution: HILL CORRECTIONAL CENTER
Offondar Sta!us: IN CUSTOOY
location: HILL
PHYSICAL PROFILE
Date of Birth: 02/2.U1988
Weight: 225 lbs.
Hair: Blad<
Su: Male
Haight: Sil. 05in.
Ra~: Hispanic
Eyes: Brown
- 151 -
169. People v.
Castillo, 2014
IL App (1st)
122620-U
M30929 - CASTILLO, MIGUEL
Parent tnatltutiott: HILL CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Laeatk,n! HU I
Sex Offender Registry Required
PHYSICAL PROFILE
Dâąta of lllrth: 08128/1968
W.lghl: 160 lbs.
Hair: Brown
Sex: Male
Holght: 5 ft. 07 in.
Race: Hispanic
!yas: Brown
170. People v.
Aguilar, 396
Ill. App. 3d 43
(1st Dist. 2009)
R66488 - AGUILAR, EFREN
Pannt ln â titu1Jon: MENARD CORRECTIONAL CENTER
Offendtr Status: IN CUSTODY
Location: MENARD
PHYSICAL PROFILE
Dat. of Birth: 02/16/1987
Weight 177 lbs.
Hair: Brown
Sex~ Mate
Height: 611.011n.
Raeâą: Hispanic
Eyu: Brown
- 152 -
171. People v.
Gomez, 2023
IL App (1st)
211019-U
- ----~ J
M09190 - GOMEZ, GEORGE
Parent Institut ion: HILL CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Location: HILL
Date of Birth: 06/12/1986
Weight: 150 lbs.
Hair: Black
Sex: Male
Height: 5ft.09in .
Race: Hispanic
Eyes: Brown
172. People v.
Davila, 2022
IL App (1st)
190882
Y35715 - DAVILA, ARCADIO
Parent Institution: STATEVILLE CORRECTIONAL CENTER
Offender Status: PAROLE
Location: PAROLE DISTRICT 1
Date of Birth: 11/07/1988
Weight: 268lbs.
Hair: Brown
Sex: Male
Height: 5ft. 06in.
Race: Hispanic
Eyes: Brown
- 153 -
173. People v.
Petatan, 2015
IL App (1st)
132522-U
M38074- PETATAN, ODILON
Paienl Institution: PONTIAC CORRECTIONAL CENTER
Offender Status: IN CUSTODY
Loeatlen: PONTIAC
PHYSICAL PROFILE
Oâ te of Bl rth: 09/2811983
Weight: 147 lbs.
Hair: Black
Sex: Male
Height: 6ft. 07 In.
Race: Hispanic
Eyes: Bl'DW!'I
White Female
174. People v.
Wright, 2013
IL App (1st)
113777-U
R87672 - WRIGHT, KRISTY
Parent fnstitutiori: LOGAN CORRECTIONAL CENTER
OR~nder Stat1;1.:: IN CUSTODY
location: LOGAN
PHYSICAL PROFILE
Date of Bi,rth: 06/2311987
W~ight; 1791b~.
H;,ir: Brown
sex: Female
l'lel~ht: 5 ft. 08 in.
Rae~: White
Eye5 : Ha,;el
- 154 -
No Picture, No Witness Identification, Crime in Black Neighborhood
175. People v. Holmes, 2016 IL App (1st) 141210-U176. People v. Jones,2015 IL App (1st) 142997 177
. People v. Rankin,2015 IL App (1st) 133409 178
. People v. Alexander,2014 IL App (1st) 121794-U
179. People v. Dennis,2014 IL App (1st) 112936
-UB 180. People v. Henderson,2014 IL App (1st) 120935-U
181. People v. Allen,2012 IL App (1st) 111656-U
182. People v. McGee,2012 IL App (1st) 102364
-UB 183. In re Dante W.,383 Ill. App. 3d 401
(1st Dist. 2008) (minor defendant)
- 155 -