People v. Monroy-Jaimes, 2019 IL App (2d) 160426 (January). Episode 586 (Duration 9:38 )







Interesting use of an informant, how much of it was legal?























Confidential Informant







Police had an individual who was in custody for having possessed drugs with the intent to deliver.







This confidential informant identified a person named “Chilango,” who was later identified as the defendant, as someone who could provide cocaine.







The First Phone Call







At an officer’s direction, the informant placed a phone call to Chilango.







The officer was able to hear both sides of the conversation. Although the conversation was in Spanish, This officer spoke fluent Spanish. The informant asked Chilango for five ounces of cocaine. Chilango stated that he could provide only two ounces right away or five ounces later.







A short time later, the informant called Chilango again and stated that he could wait to get five ounces. They also discussed meeting at a BP gas station at 149 East Ogden Avenue in Hinsdale to conduct the drug sale.







Chilango stated that he would call when he had the cocaine.







The Second Phone Call







Later, the officer directed the informant to call Chilango again.







The officer heard both sides of the conversation. Chilango told the informant that he was waiting to get the cocaine but that they could meet at the gas station in about an hour. About a half-hour later, Chilango called the informant and to say that he was on the way to the gas station.







The Gas Station







At about 7 p.m., the informant received another call from Chilango, who asked for directions to the gas station.







Chilango called again for more directions a few minutes later.







Shortly after 7 p.m., the informant and the officer were parked with a view of the gas station. The informant told the officer that he saw Chilango arriving at the gas station in a Toyota Rav 4. Police observed the defendant pull into the gas station and park at a gas pump.







The officer identified the defendant in court as the person he saw in the vehicle at the gas station. The defendant had not committed any traffic violations when he pulled into the gas station. After parking, the defendant exited his vehicle and went into the gas station.







The Third Phone Call







The informant received another call from Chilango at about 7:10 p.m.







Chilango stated that he was at the gas station. At that point, the officer with the informant alerted surveillance officers, who went into the station and placed the defendant in custody. The officer then had the informant call Chilango’s phone number, and one of the surveillance officers answered the defendant’s phone.







At the police station, the officer overheard the defendant talking and recognized the defendant’s voice as the voice of Chilango.







Issue







The defendant argues that the police did not have probable cause to arrest him.







Probable Cause







A warrantless arrest is valid only if supported by probable cause.







Probable cause to arrest exists when the facts known to the police when they make the arrest are sufficient to lead a reasonably cautious person to believe th...