Entry into garage at defendant’s request to relay a message he had been arrested was not an investigative purpose and plain view sustained

Defendant was challenging six separate searches in a general motion to suppress, which the court snidely commented on. “Although Defendant has made little effort to explain to the Court why certain searches and seizures were unconstitutional, the Court will nonetheless analyze all six searches under prevailing Fourth Amendment jurisprudence.” All were found valid searches. Of particular note was an entry into a garage to notify the occupant that defendant had been arrested, and a plain view occurred. “Defendant asked Officer Kenan to notify Nash that he was being arrested and that she needed to pick up their child from daycare. The evidence shows that the officers’ visit to 1839 McCallum was undertaken in order to accomplish that task, not to investigate the crime.” United States v. Barr, 454 F. Supp. 2d 229 (E.D. Pa. September 28, 2006).*

Driving a snowmachine on the sidewalks of Fairbanks was sufficient cause for a stop. DUI affirmed. Bessette v. State, 2006 Alas. App. LEXIS 156 (October 6, 2006).*

Stop of known burglar within a block of a burglary report was reasonable. He dropped his backpack and walked to the officer. Another officer retrieved the backpack and in it was stuff from another burglary. The backpack was found to be abandoned because it was 60′ away from defendant. People v. Novakowski, 2006 Ill. App. LEXIS 911 (1st Dist. October 6, 2006):

In the instant case, shortly after investigating a residential burglary a block away, Officer Salas witnessed defendant drop his backpack and walk toward Salas’s marked squad car. As he approached, Salas recognized defendant to be a suspect in other resident burglaries. Accordingly, we find that it was objectively reasonable for Salas to initiate a stop for investigative purposes.

Moreover, Salas’s questioning was reasonably related to the initial purpose of the stop. Although nothing was reported missing from the initial burglary, it was not unreasonable to question defendant about the contents of a backpack that he suspiciously dropped prior to approaching Salas. When defendant failed to respond to the question, Salas articulated his purpose for continuing to question defendant. Defendant, however, was still unable to provide a clear answer regarding his prior whereabouts. Throughout the questioning, defendant was evasive and appeared noticeably nervous. Defendant’s responses aroused further suspicion in Salas’s mind, adding to more than an individual merely being present in an area of expected criminal activity. See People v. Beverly, 364 Ill. App. 3d 361 (2006); see also James, 365 Ill. App. 3d at 853 (“investigatory stops are evolving encounters and *** the court is not limited to considering the situation as it existed at the precise moment the stop occurred”). Consequently, we find that the initial Terry stop was valid.

Defendant next contends that his fourth amendment rights were violated when his backpack was searched. The State responds that defendant’s backpack was abandoned and, therefore, there was no “search” for fourth amendment purposes. [It was held to be abandoned because of the distance from him because anyone could have perceived it as abandoned.] Therefore, Salas’s “search” of the backpack was proper.