DocketNumber: ED 106070
Citation Numbers: 563 S.W.3d 857
Judges: Gaertner
Filed Date: 12/18/2018
Status: Precedential
Modified Date: 1/21/2022
Introduction
Reginald I. Williams (Movant) appeals the judgment of the motion court denying his motion for post-conviction relief under Rule 29.15 after an evidentiary hearing. Movant argues the motion court clearly erred in finding that his counsel was not ineffective for declining to move to dismiss Movant's case or to suppress evidence on the basis that St. Louis Metropolitan Police Department (SLMPD) Officers illegally transported Movant from Illinois to Missouri without an extradition warrant. We affirm.
Background
Movant was convicted of felony stealing in 2012 and sentenced as a prior and persistent offender to 10 years' imprisonment. This Court affirmed his conviction and sentence on appeal. State v. Williams,
The evidence at Movant's trial was that on January 18, 2011, due to a number of car break-ins in the City of St. Louis, SLMPD set up a bait car in downtown St. Louis, containing a laptop computer and a tracking device inside a black bag on the front passenger seat. On January 23, 2011, the tracking device activated, signaling to police that someone had moved the laptop. SLMPD Officers followed the signal, which led them from the City of St. Louis, Missouri, to a MetroLink station in East St. Louis, Illinois. They saw Movant holding the bag from the bait car, and after a struggle, SLMPD Officers forced Movant to the ground and handcuffed him. SLMPD Officers then drove Movant back to a police station in the City of St. Louis. Other SLMPD Officers on the scene interviewed a witness who saw Movant enter the MetroLink train with the bag. The witness told SLMPD Officers that Movant attempted to sell the laptop to him.
In Movant's amended Rule 29.15 motion, he alleged that his trial counsel was ineffective for failing to file a motion to suppress the evidence of the laptop because the SLMPD Officers failed to obtain an extradition warrant before transporting Movant from Illinois to Missouri, in violation of Illinois law requiring such a warrant. Movant's trial counsel testified at the motion court's evidentiary hearing that she filed a motion to suppress the laptop evidence arguing that the SLMPD Officers acted without authority because they were outside of their jurisdiction. She said she considered arguing that the SLMPD Officers violated Movant's extradition rights, but she could not find in her research any case saying that suppression or dismissal were remedies under Missouri law for a violation of extradition rights.
Additionally, after viewing a SLMPD incident report from the day SLMPD Officers arrested Movant, trial counsel also testified that the report said Movant agreed to voluntarily accompany the SLMPD Officers to Missouri to assist with their investigation. The report further says that after talking with Movant at the police station in Missouri, the SLMPD Officers then placed Movant under arrest. Movant testified at the evidentiary hearing that he did not come back to Missouri voluntarily. Movant testified that SLMPD Officers pointed guns at him and put him in handcuffs in Illinois, carried him to the police car, and drove him back to St. Louis. Movant believed he was under arrest in Illinois.
Before Movant's trial, the trial court held a hearing on the motion to suppress regarding the SLMPD Officers' jurisdiction, after which the trial court denied the motion. The trial court noted, "I'm aware of the fact that there might be extradition issues here, but that was not put before the Court by the defendant." Movant argued to the motion court that the trial court's statement indicated that a motion to suppress or dismiss based on failure to obtain an extradition warrant would have been successful. In denying Movant's Rule 29.15 motion, the motion court noted that this Court, in Movant's direct appeal, had held that Movant's arrest in Illinois was valid under Illinois law, and that subsequent seizure of the laptop evidence was therefore legal. See Williams,
Standard of Review
Our review of the motion court's denial of a movant's 29.15 motion is limited to a determination of whether the motion court's findings and conclusions are clearly erroneous. Rule 29.15(k); Johnson v. State,
Discussion
Movant argues the motion court clearly erred in finding Movant's trial counsel was not ineffective for failing to file a motion to dismiss or to suppress evidence on the basis that SLMPD Officers illegally transported Movant from Illinois to Missouri, in violation of Illinois law. We disagree.
To be entitled to post-conviction relief for ineffective assistance of counsel, Movant must show by a preponderance of the evidence that his counsel failed to exercise the level of skill and diligence that a reasonably competent counsel would in a similar situation, and that Movant was prejudiced thereby.
Here, Movant argues that an Illinois statute, 725 ILCS 5/107-4 (2011), provided a basis for either dismissal of the stealing charge or suppression of the evidence the officers obtained pursuant to Movant's arrest. The relevant statutory language is as follows:
(b) Any peace officer of another State who enters this State in fresh pursuit and continues within this State in fresh pursuit of a person in order to arrest him on the ground that he has committed an offense in the other State has the same authority to arrest and hold the person in custody as peace officers of this State have to arrest and hold a person in custody on the ground that he has committed an offense in this State.
(c) If an arrest is made in this State by a peace officer of another State in accordance with the provisions of this Section he shall without unnecessary delay take the person arrested before the circuit court of the county in which the arrest was made. Such court shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the court determines that the arrest was lawful it shall commit the person arrested, to await for a reasonable time the issuance of an extradition warrant by the Governor of this State, or admit him to bail for such purpose. If the court determines that the arrest was unlawful it shall discharge the person arrested.
725 ILCS 5/107-4. In Movant's direct appeal, this Court determined that the SLMPD Officers lawfully arrested Movant in Illinois under subsection (b) of this statute. Williams,
We conclude Movant's trial counsel was not ineffective for failing to file either motion. While Missouri courts have not considered this precise issue under Illinois law, the Supreme Court of Missouri has set out the general rule that "[o]nce the accused is in the custody of the demanding state, extradition is no longer subject to legal attack." State v. Gilbert,
Moreover, the Illinois Supreme Court, considering a nearly identical situation involving Illinois police officers' violation of Indiana's extradition requirement, concluded that suppression of evidence was not an appropriate remedy. See People v. Galan,
The Illinois Supreme Court noted that while not constitutionally required, it could choose to apply the exclusionary rule on principles of comity, citing a case Movant also relies on here, Commonwealth v. Sadvari,
In light of both Missouri's and Illinois' mutual adherence to the Ker - Frisbie doctrine, as well as Illinois' comity considerations in Galan, it is unlikely that Missouri courts would apply the exclusionary rule under the circumstances here, where Movant's arrest in Illinois was lawful. Further, Movant has not provided, nor have we found, any Missouri precedent for dismissing criminal charges on the basis of a violation of another state's extradition statute. Movant's counsel testified that she researched the matter and decided to pursue a motion to suppress on different grounds. The motion court did not clearly err in determining that Movant's counsel was not ineffective, or that Movant was not prejudiced. Point denied.
Conclusion
We affirm the judgment of the motion court.
Kurt S. Odenwald, P.J., concurs.
Colleen Dolan, J., concurs.
The appellant in Galan relied on some of the same cases Movant relies upon here: Commonwealth v. Sadvari,