People v. Erby

              1
NOTICE
Decision filed 08/24/07. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-06-0217
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Williamson County.
)
v. ) No. 05-CF-571
)
JOHN H. ERBY IV, ) Honorable
) Ronald R. Eckiss,
Defendant-Appellant. ) Judge, presiding.
________________________________________________________________________
JUSTICE GOLDENHERSH delivered the opinion of the court:
After a bench trial in the circuit court of Williamson County, defendant, John H. Erby
IV, was found guilty of participation in methamphetamine manufacturing (720 ILCS
646/15(a)(2)(A) (West Supp. 2005)). Defendant appeals the denial of his motion to
suppress. On appeal, the issue is whether a police officer patrolling outside his jurisdiction
used the powers of his office to obtain evidence when his ability to recognize evidence of
a crime was due to his training and experience. We affirm.
FACTS
Officer Kendrick of the Johnston City police department was on patrol in his squad
car, but outside of his jurisdiction, when he saw a blue car sitting in the middle of the road.
Officer Kendrick drove alongside the driver's side of the stopped vehicle and, while sitting
in the patrol car, saw defendant slumped over the steering wheel. After Officer Kendrick
activated his patrol lights, defendant awoke and rolled down his window.
An odd odor emanated from defendant's car. Officer Kendrick, as a trained and
experienced police officer, knew this to be the smell of anhydrous ammonia–a telltale sign