People v. Molnar , 2021 IL App (2d) 190289 ( 2021 )

2021 IL App (2d) 190289No. 2-19-0289
Opinion filed April 20, 2021
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Kane County.
)
Plaintiff-Appellee, )
)
v. ) No. 18-CF-1028
)
SAMANTHA L. MOLNAR, ) Honorable
) Donald M. Tegeler Jr.,
Defendant-Appellant. ) Judge, Presiding.
______________________________________________________________________________
JUSTICE SCHOSTOK delivered the judgment of the court, with opinion.
Justices McLaren and Birkett concurred in the judgment and opinion.
OPINION
¶1 Defendant, Samantha L. Molnar, appeals her conviction of unlawful possession of a
controlled substance (720 ILCS 570/402(c) (West 2018)). She contends that the trial court erred
in denying her motion to suppress a pill bottle containing alprazolam (Xanax) because police
seized the bottle without a warrant. However, the court found that the warrantless seizure was valid
under the plain-view doctrine because the bottle’s incriminating nature was immediately apparent.
We affirm.
¶2 I. BACKGROUND
¶3 Defendant was arrested on May 20, 2018, and was later indicted on three counts of
unlawful possession of a controlled substance: cocaine (count I), amphetamine (count II), and
2021 IL App (2d) 190289alprazolam (count III). Relying on People v. Humphrey, 361 Ill. App. 3d 947 (2005)—a case
involving application of the plain-view doctrine, defendant moved to suppress evidence.
¶4 The trial court heard the motion on December 20, 2018. Patrol officer Nicholas Mondek
testified that, on May 20, 2018, he responded to a call involving two vehicles stopped by police in
relation to a call about a possible altercation. Mondek approached and spoke to defendant, who
was in the front passenger seat of one of the vehicles. Mondek testified that his body camera
recorded the interaction with defendant. The bodycam video was played for the court.
¶5 In the video, Mondek stepped up to the vehicle and asked defendant if he could talk with
her “real quick.” Defendant stepped out of the vehicle without being asked. After she did so,
Mondek, who was flashing a light into the front passenger area, asked defendant, “What’s with the
pills right there?” Defendant responded that it was her Xanax. Without being asked, defendant
reached into the car and took out what appeared to be a pill bottle. The bottle had no label. She
held the bottle up, stating that her sister had just died. Mondek reached his hand out and asked,
“Can I see the pills?” Defendant responded, “Yeah,” and handed him the bottle. Mondek shone his
flashlight into the bottle, revealing that it contained pills and a plastic baggie. He then asked
defendant, “Why do you have your pills in a pill bottle with no—?” Mondek’s voice trailed off as
he pointed to the bottle, apparently indicating the lack of a label. Defendant said that she brought
the Xanax from her house and that her husband did not know that she took Xanax. Mondek asked
defendant if she had a prescription for the pills, and she said, “No, I got them from somebody.”
Another officer arrived and also asked defendant if she had a prescription for the pills, and she
said that she did not. She said that she did not know what was in the baggie inside the bottle.
¶6 After the video was played, Mondek testified that it was an accurate portrayal of his
interaction with defendant. Mondek testified that, when defendant stepped out of the vehicle to
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2021 IL App (2d) 190289speak with Mondek, he saw a pill bottle on the front passenger seat. Mondek could tell from where
he was standing that the bottle was unlabeled and that it contained pills and “a plastic baggie or
something.” When Mondek questioned defendant about the pills, she immediately said that they
were “my Xanax.” Mondek testified that he had previous experience with Xanax and knew that it
was a controlled substance. When he asked to see the pills, he already believed that they were
illegal, although defendant had not yet told him that she did not have a prescription for them.
Examination of the bottle showed that it contained different types of pills, including Xanax, and
also two plastic baggies with residue in them. Defendant was arrested for possession of a controlled
substance. She was charged based on the pills and the residue in one of the plastic bags, which
tested positive for cocaine.
¶7 The trial court denied the motion to suppress. The court agreed with the State that—based
on (1) defendant’s admission that the bottle contained Xanax, (2) Mondek’s knowledge that Xanax
is a controlled substance, and (3) Mondek’s observation, from his standpoint outside the car, that
the bottle had no prescription label—Mondek immediately had probable cause to seize the bottle.
The court distinguished those circumstances from Humphrey. There, an officer testified that he did
not know that the pills were contraband when he seized them or that a crime had been committed.
See Humphrey, 361 Ill. App. 3d at 950-51.
¶8 On the day of trial, the State dismissed count II (amphetamine). The case proceeded to a
stipulated bench trial on counts I (cocaine) and III (alprazolam). The court found defendant guilty
on count III but not guilty on count I. Defendant’s motion for a new trial was denied, and she was
sentenced to probation. She appeals.
¶9 II. ANALYSIS
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2021 IL App (2d) 190289¶ 10 Relying on Humphrey, defendant argues that the trial court erred when it denied her motion
to suppress. She contends that Mondek lacked probable cause to seize the bottle because he did
not know if she had a prescription. The State argues that the seizure was legal because defendant
consented to Mondek’s request to see the pill bottle or, in the alternative, that the plain-view
doctrine applied to the seizure. We assume, without deciding, that Mondek seized the pills from
defendant, and we hold that the warrantless seizure was justified under the plain-view doctrine.
¶ 11 The fourth amendment to the United States Constitution protects individuals from
unreasonable searches and seizures. U.S. Const., amend. IV. In reviewing a trial court’s ruling on
a motion to suppress evidence, we uphold factual findings unless they are against the manifest
weight of the evidence. People v. Jones, 215 Ill. 2d 261, 268 (2005). However, we review de novo
the ultimate legal question of whether the suppression of evidence is warranted. People v.
Luedemann, 222 Ill. 2d 530, 542-43 (2006) (citing Ornelas v. United States, 517 U.S. 690, 699
(1996)).
¶ 12 Generally, a search and seizure is reasonable under the fourth amendment only if the
government first obtains a warrant issued after a finding of probable cause. Illinois v. McArthur,
531 U.S. 326, 330 (2001). “Probable cause exists when the totality of the facts and circumstances
known to the officers is such that a reasonably prudent person would believe that the suspect is
committing or has committed a crime.” (Internal quotation marks omitted.) People v. Garvin, 219
Ill. 2d 104, 126 (2006). However, the plain-view doctrine authorizes the warrantless seizure of an
illegal item visible to a police officer whose access to the item has some prior justification under
the fourth amendment and who has probable cause to suspect the item is connected to criminal
activity. Illinois v. Andreas, 463 U.S. 765, 771 (1983). An officer may seize property that is in
plain view if three requirements are met: (1) the officer is lawfully located in the place where he
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2021 IL App (2d) 190289observed the object; (2) the object is in plain view; and (3) the object’s incriminating nature is
immediately apparent. People v. Garcia, 2012 IL App (1st) 102940, ¶ 4.
¶ 13 On appeal, defendant does not dispute that the bottle was in plain view or that Mondek was
lawfully located by the vehicle when he viewed it. The only issue is the third requirement.
Defendant contends that the incriminating nature of the bottle of pills was not apparent until after
Mondek seized it, because only then did defendant admit that she lacked a prescription for the
pills.
¶ 14 “ ‘Plain view’ requires probable cause to permit a seizure.” Jones, 215 Ill. 2d at 272. If the
officer lacks probable cause to believe that the object in plain view is contraband without
conducting some further search of the object, i.e., if the object’s incriminating nature is not
immediately apparent, its seizure is not justified under the plain-view doctrine. Jones, 215 Ill. 2d
at 272 (citing Minnesota v. Dickerson, 508 U.S. 366, 374-75 (1993)). The “immediately apparent”
or “probable cause” element requires sufficient evidence to justify the reasonable belief that the
defendant has committed or is committing a crime. Jones, 215 Ill. 2d at 273-74; Humphrey, 361
Ill. App. 3d at 951.
¶ 15 Probable cause is “not a high bar.” (Internal quotation marks omitted.) District of Colombia
v. Wesby, 583 U.S. ___, ___, 138 S. Ct. 577, 586 (2018). “It exists if, from the standpoint of an
objectively reasonable officer, the items or events at issue create a reasonable probability that
defendant committed or is committing a crime.” People v. Lee, 2018 IL App (3d) 160100, ¶ 4
(citing Wesby, 583 U.S. at ___ n.2, 138 S. Ct. at 584 n.2). Thus, while a mere hunch is insufficient
to support a seizure, “a police officer views the facts ‘through the lens of his police experience and
expertise’ and ‘may draw inferences based on his own experience in deciding whether probable
cause exists.’ ” People v. Petty, 2017 IL App (1st) 150641, ¶ 31 (quoting Ornelas, 517 U.S. at 699-
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2021 IL App (2d) 190289700). Probable cause to believe that a package contains illegal drugs does not require absolute
certainty of its contents on the officer’s part. People v. Sinegal, 409 Ill. App. 3d 1130, 1135 (2011)
(citing Texas v. Brown, 460 U.S. 730, 742 (1983)). An officer is not required to “know” that the
item he or she sees is contraband or evidence of a crime. Humphrey, 361 Ill. App. 3d at 951.
¶ 16 The United States Supreme Court has discussed the concept of an object’s “immediately
apparent” criminality, calling the phrase “an unhappy choice of words.” Brown, 460 U.S. at 741.
Rather, “probable cause is a flexible, common-sense standard.” Id. at 742.
“It merely requires that the facts available to the officer would ‘warrant a man of
reasonable caution in the belief,’ [citation], that certain items may be contraband or stolen
property or useful as evidence of a crime; it does not demand any showing that such a belief
be correct or more likely true than false.” (Internal quotation marks omitted.) Petty, 2017
IL App (1st) 150641, ¶ 32 (quoting Brown, 460 U.S. at 742).
All that is required is a “ ‘practical, nontechnical’ ” probability that incriminating evidence is
involved. (Internal quotation marks omitted.) Id. (quoting Brown, 460 U.S. at 742).
¶ 17 Defendant argues that Humphrey controls this case. There, a state police trooper stopped a
motorist for speeding. During the stop, the trooper saw a container holding several hundred pills
near the feet of the defendant, who was the front seat passenger. The defendant did not answer
when the trooper asked what the pills were. However, the defendant handed the pills over to the
trooper when asked to do so and then told the trooper that they were pseudoephedrine. The trooper
again asked what the pills were for, and the defendant said that he got the pills in Wisconsin and
was taking them to Missouri to make methamphetamine. The trooper found more pills scattered
throughout the car. The trooper had not dealt with pseudoephedrine before and did not know at the
time whether possession of it was an arrestable offense. While he thought that the pills could be
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2021 IL App (2d) 190289contraband based on the amount of them, he said that, when he searched the car, he “ ‘was not
exactly sure what the pills were.’ ” Humphrey, 361 Ill. App. 3d at 949. The State charged defendant
with unlawful possession of methamphetamine manufacturing chemicals, and the trial court
granted the defendant’s motion to suppress. We affirmed, holding that the plain-view doctrine did
not apply, because the pills’ incriminating nature was not immediately apparent to the trooper. We
noted that the trooper “did not know what the pills were, apart from being told, after he saw them
and was handed the container, that they were pseudoephedrine.” Id. at 951. Moreover, the trooper
“was not sure, even after searching the car, if possession of the pills was an arrestable offense.” Id.
“Viewing something without understanding what one is viewing, even requiring an explanation of
what one is viewing, is not plain view.” Id.
¶ 18 Here, Humphrey is distinguishable, and the plain-view doctrine applies. In Humphrey, the
trooper specifically admitted that, when he seized the pills, he did not know what the pills were or
whether possessing them was a crime. Based on these admissions, we held that the trooper lacked
probable cause to believe that the pills were contraband. In contrast, here, before Mondek even
took control of the pills, he believed that they were contraband. Defendant told Mondek that the
pills were Xanax, which Mondek knew to be a controlled substance requiring a prescription. Based
on this knowledge plus his observation that the pills were in an unlabeled bottle that also contained
a baggie, Mondek had probable cause to believe that defendant lacked a prescription for the pills
and thus was committing a crime. “A person to whom or for whose use any controlled substance
has been prescribed or dispensed by a practitioner *** may lawfully possess such substance only
in the container in which it was delivered to him or her by the person dispensing such substance.”
720 ILCS 570/312(g) (West 2018). Defendant argues that this provision says nothing to suggest
that the original label must remain on the bottle. Nevertheless, the logical inference from an
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2021 IL App (2d) 190289unlabeled bottle containing Xanax plus a plastic baggie is that the bottle is not the original
container in which the Xanax was dispensed. Thus, the pills’ incriminating nature was immediately
apparent, and Mondek had probable cause to seize them under the plain-view doctrine. Because
we determine that the pills were lawfully seized, we need not and do not decide whether there was
any seizure at all because defendant consented by giving Mondek the bottle when he requested it.
¶ 19 III. CONCLUSION
¶ 20 For the reasons stated, we affirm the judgment of the circuit court of Kane County.
¶ 21 Affirmed.
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2021 IL App (2d) 190289No. 2-19-0289
Cite as: People v. Molnar, 2021 IL App (2d) 190289Decision Under Review: Appeal from the Circuit Court of Kane County, No. 18-CF-1028;
the Hon. Donald M. Tegeler Jr., Judge, presiding.
Attorneys James E. Chadd, Thomas A. Lilien, and Kerry Goettsch, of State
for Appellate Defender’s Office, of Elgin, for appellant.
Appellant:
Attorneys Joseph H. McMahon, State’s Attorney, of St. Charles (Patrick
for Delfino, Edward R. Psenicka, and Lynn M. Harrington, of State’s
Appellee: Attorneys Appellate Prosecutor’s Office, of counsel), for the
People.
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