2016 IL App (2d) 160063 

No. 2-16-0063 

Opinion filed November 17, 2016 

______________________________________________________________________________ 

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

______________________________________________________________________________ 

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court 

OF ILLINOIS, ) of Lake County. 

) 

Plaintiff-Appellee, ) 

) 

v. ) No. 15-CF-1007 

) 

VALERIE S. TEPER, ) Honorable 

) George Bridges, 

Defendant-Appellant. ) Judge, Presiding. 

______________________________________________________________________________ 

JUSTICE SPENCE delivered the judgment of the court, with opinion. 

Justices Hutchinson and Birkett concurred in the judgment and opinion.

OPINION

¶ 1 Following a stipulated bench trial, defendant, Valerie S. Teper, was convicted of 

unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2014)). She was 

sentenced to 18 months’ probation and 12 months’ periodic imprisonment, and she was also 

ordered to perform 150 hours of public service. On appeal, defendant argues that the trial court 

erred in denying her motion to dismiss the charge, pursuant to section 414 of the Illinois 

Controlled Substances Act (Act) (720 ILCS 570/414 (West 2014)). In certain situations, 

section 414 provides immunity from prosecution for possession of a small amount of a controlled 

substance for a person reporting or experiencing a drug overdose. See id. Defendant also 
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argues that the trial court erred in failing to sentence her to first-offender probation under section 

410 of the Act (720 ILCS 570/410 (West 2014)). 

¶ 2 We conclude that section 414 does not apply, because the evidence of defendant’s drug 

possession was not “acquired as a result of” (720 ILCS 570/414(c) (West 2014)) defendant 

“seeking or obtaining emergency medical assistance.” Even otherwise, the statute would not 

extend immunity to defendant, because the police had probable cause to arrest defendant based on 

evidence that was “not obtained as a direct result of” defendant “seeking or obtaining emergency 

medical assistance” (720 ILCS 570/414(e) (West 2014)). In other words, defendant is not 

entitled to immunity under the plain language of section 414(c), and, even if she were, section 

414(e) would prohibit the extension of that immunity, because the police had probable cause to 

arrest her based on information the police acquired before she obtained emergency medical 

assistance. We further conclude that the trial court did not abuse its discretion in sentencing 

defendant. Therefore, we affirm.

¶ 3 I. BACKGROUND

¶ 4 On June 3, 2015, defendant was charged by indictment with unlawful possession of a 

controlled substance for unlawfully possessing less than 15 grams of heroin (720 ILCS 

570/402(c) (West 2014)). She was also charged with unlawful possession of hypodermic 

syringes (720 ILCS 635/1(a) (West 2014)) for possessing two hypodermic syringes to inject 

controlled substances. 

¶ 5 On July 23, 2015, defendant filed a motion to dismiss the charges. She alleged as 

follows. On April 16, 2015, two people walked into the Park City police department and told 

an officer that a driver was slumped over in her car on Route 120. When officers arrived at the 

scene, they found defendant slumped over in the driver’s seat. She was unresponsive and had 
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difficulty breathing. The officers believed that defendant had overdosed on heroin, and an 

officer injected her with Narcan,

1 a medication that blocks the effects of opiates. Defendant 

then began to breathe at a normal rate and became conscious. After removing her from the car, 

the officers found about one gram of heroin and several hypodermic needles. 

¶ 6 Defendant cited section 414, which is entitled “Overdose; limited immunity from 

prosecution” and provides, in relevant part: 

 “(b) A person who, in good faith, seeks or obtains emergency medical assistance 

for someone experiencing an overdose shall not be charged or prosecuted for Class 4 

felony possession of a controlled, counterfeit, or look-alike substance or a controlled 

substance analog if evidence for the Class 4 felony possession charge was acquired as a 

result of the person seeking or obtaining emergency medical assistance and providing the 

amount of substance recovered is within the amount identified in subsection (d) of this 

Section.

(c) A person who is experiencing an overdose shall not be charged or prosecuted for 

Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a 

controlled substance analog if evidence for the Class 4 felony possession charge was 

acquired as a result of the person seeking or obtaining emergency medical assistance and 

providing the amount of substance recovered is within the amount identified in subsection 

(d) of this Section.

 1 Narcan is the brand name for naloxone. Isham v. Colvin, No. 13-2377, 2015 WL 

691411 *10 n.24 (D. Minn. Feb. 8, 2015). 
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(d) For the purposes of subsections (b) and (c), the limited immunity shall only 

apply to a person possessing the following amount: 

 (1) less than 3 grams of a substance containing heroin; 

* * * 

(e) The limited immunity described in subsections (b) and (c) of this Section shall 

not be extended if law enforcement has reasonable suspicion or probable cause to detain, 

arrest, or search the person described in subsection (b) or (c) of this Section for criminal 

activity and the reasonable suspicion or probable cause is based on information obtained 

prior to or independent of the individual described in subsection (b) or (c) taking action to 

seek or obtain emergency medical assistance and not obtained as a direct result of the 

action of seeking or obtaining emergency medical assistance. Nothing in this Section is 

intended to interfere with or prevent the investigation, arrest, or prosecution of any person 

for the delivery or distribution of cannabis, methamphetamine or other controlled 

substances, drug-induced homicide, or any other crime.” (Emphases added.) 720 ILCS 

570/414 (West 2014). 

¶ 7 In her motion to dismiss, defendant argued that section 414 applied because she was 

experiencing an overdose and the evidence for her possession charge was acquired as a result of 

a person seeking or obtaining emergency medical assistance. Defendant argued that subsection 

(e) was inapplicable because, prior to or independent of defendant obtaining emergency medical 

assistance, the police had not learned any information that would have given them reasonable 

suspicion or probable cause to detain, arrest, or search her. 

¶ 8 A hearing on the motion took place on October 15, 2015. Officer Kenneth Stoves of the 

Park City police department testified that on April 16, 2015, at around noon, the police 
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department was notified by someone who came into the department and by various phone calls 

that a driver was slumped over the steering wheel of a vehicle in traffic. Officer Stoves arrived 

at the scene at the same time as another officer. There was a significant amount of traffic, and 

the vehicle was stopped “in the westbound lanes,” which was an offense. Defendant was 

unresponsive and barely breathing, and her skin was so pale that it was almost blue. Officer 

Stoves saw two baggies of a brown rock-like substance, which he believed was heroin. Officer 

Stoves also observed several hypodermic syringes and the bottom of a can with cotton in it, 

which was indicative of heroin use. Based on defendant’s condition and what he saw inside the 

vehicle, Officer Stoves believed that she was experiencing an overdose. He therefore 

administered Narcan. Defendant regained consciousness after a while, and she was then taken 

out of her car and transferred to a hospital via ambulance. The suspected drugs weighed about 

one gram. 

¶ 9 Officer Dwayne Harrell testified that he arrived at the scene at the same time as Officer 

Stoves. There was normal noon “rush hour” traffic, and the car was not “parked correctly.” 

Defendant was slumped over and beginning to turn blue. She was unresponsive and had 

labored breathing. A couple of needles and a substance in the cup holder were in plain sight, 

and these objects led the officers to believe that defendant’s condition was the result of a “drug 

episode.” 

¶ 10 At the hearing, defendant argued that section 414 applied because the officers were 

responding to reports of an unresponsive person, she was clearly experiencing an overdose, and 

she was clearly receiving emergency medical assistance. Defendant argued that she was not 

required to have sought medical assistance for herself, as it would be difficult for anyone 

experiencing an overdose to seek such assistance, and the statute uses the phrase “seek or 
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obtain.” Defendant maintained that she was therefore immune from prosecution under section 

414. 

¶ 11 The State argued that the statute’s purposes are to protect a person who seeks medical 

treatment for an overdose and to protect a third party who calls for help or accompanies a person 

experiencing an overdose. The State asserted that this situation was different because the police 

had probable cause to detain defendant before they arrived at the scene, based on her being in her 

stopped car in the middle of traffic. The State argued that the police also had probable cause 

upon their arrival, as they observed needles and drugs contemporaneously with seeing defendant 

slumped over. 

¶ 12 The trial court stated as follows. The statute was put in place to encourage everyone to 

seek medical attention for drug overdoses, and it provides immunity for possession of small 

amounts of drugs found in such situations. The statute also has a limiting provision that, if 

officers have probable cause or a reasonable articulable suspicion to detain or arrest a person, the 

statute’s immunity provision will not apply. Here, there was a stopped vehicle on a roadway, 

and the police received information that the driver was unresponsive. Defendant took the 

position that it was clear from the officers’ initial observations that this was a drug overdose 

situation, because she was unresponsive. However, there were a number of things that the 

police could have been considering, such as alcohol intoxication. The officers were not aware 

of why defendant was unresponsive until they observed the drugs and paraphernalia in the 

vehicle, and, based on their training, they then believed that she was likely overdosing. At that 

point, they administered Narcan to her. The “triggering fact” for defendant obtaining 

emergency medical assistance did not occur until the officers noticed the drugs and 
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paraphernalia, which gave them probable cause. The trial court therefore ruled that section 414 

did not apply, and it denied defendant’s motion to dismiss. 

¶ 13 A stipulated bench trial took place on November 19, 2015. The parties asked that the 

trial court take judicial notice of the testimony from the hearing. They further stipulated that 

the lab report on the suspected drugs indicated that it was four-tenths of a gram of heroin. The 

trial court found defendant guilty of unlawful possession of a controlled substance and not guilty 

of unlawful possession of hypodermic syringes. 

¶ 14 On December 11, 2015, defendant filed a motion for judgment notwithstanding the 

verdict or, alternatively, for a new trial. She argued that the trial court erred in denying her 

motion to dismiss pursuant to section 414 and that she was not proven guilty beyond a 

reasonable doubt. 

¶ 15 The trial court denied the motion on January 14, 2016, and then proceeded to the 

sentencing hearing. The State recommended that the trial court sentence defendant to six 

months’ imprisonment in the Lake County jail and two years’ probation. Defendant argued 

that, although she had a felony conviction and a few misdemeanor convictions, she had 

consistently been in treatment since the incident and was making great strides to overcome her 

addiction. She argued that, because she was residing in a “sober living house” and working, 

putting her in jail would not serve a good purpose. Defendant maintained that she was eligible 

for probation under section 410 and that sentencing her under that section would allow her to 

comply with the probation without adding another felony conviction to her record. 

¶ 16 The trial court stated as follows. Defendant needed to get treatment and overcome her 

addiction because, otherwise, the next time she overdosed there might not be anyone to help. 

This was not a situation justifying imprisonment, but defendant did have a prior felony. 
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Therefore, the trial court sentenced her to 18 months’ felony probation and 12 months’ periodic 

imprisonment, with release for treatment, probation obligations, and public service hours. 

Defendant was to perform 150 hours of public service. 

¶ 17 Defendant timely appealed.

¶ 18 II. ANALYSIS 

¶ 19 A. Section 414

¶ 20 Defendant first argues that the trial court erred in denying her motion to dismiss under 

section 414. Defendant argues that the legislature’s intent in enacting section 414 was to 

provide individuals with immunity from prosecution for possessing a small amount of drugs in 

the case of an overdose. Defendant maintains that the legislature wanted to encourage people to 

call 911 if they were either overdosing or observing another person overdosing and to thereby 

save lives. 

¶ 21 According to defendant, the trial court incorrectly reasoned that, because the officers 

were not aware that defendant was overdosing until after they arrived at the scene, the limited 

immunity from prosecution did not apply to her. Defendant argues that the drugs were found 

not independently, but as a direct result, of her obtaining emergency medical assistance. 

Defendant contends that the officers were following up on reports of an unresponsive person and 

that they did not have to be specifically told that the person was experiencing an overdose. 

Defendant takes the position that she “obtained” emergency medical assistance not when the 

officers administered Narcan but earlier, when the officers first arrived at the scene. Defendant 

argues that a contrary interpretation would provide immunity in a scenario where a paramedic 

administers Narcan before the police arrive but not in a situation where the police show up first. 
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¶ 22 The State argues that the trial court correctly denied defendant immunity from 

prosecution under section 414 for two reasons. First, defendant did not actively “seek” or 

“obtain” emergency medical assistance for her drug overdose, as the statute requires. Rather, 

she was the passive, unresponsive recipient of the assistance that the officers determined she 

needed to reverse her drug overdose. Second, having been called to investigate a car stopped in 

traffic, the officers had a “reasonable suspicion or probable cause to detain, arrest, or search”

(see 720 ILCS 570/414(e) (West 2014)), independent of treating defendant’s drug overdose. 

¶ 23 The State points out that the public act enacting the statute has a preamble that states, in 

relevant part:

 “WHEREAS, Drug-overdose deaths are the second leading cause of accidental 

death in the nation and deaths have increased significantly in recent years, in both the 

Chicago Metropolitan Area and across Illinois; and 

WHEREAS, The General Assembly finds that drug-overdose deaths could be 

substantially decreased if immunity from criminal prosecution for Class 4 felony violations 

of the Illinois Controlled Substances Act and Class 3 felony violations of the 

Methamphetamine Control and Community Protection Act were granted to a person 

possessing a small amount of the drug who, in good faith, seeks emergency medical 

assistance for someone experiencing a drug-related overdose and if this immunity were 

granted for the same Class 4 felony violations of the Illinois Controlled Substances Act and 

the Class 3 felony violations of the Methamphetamine Control and Community Protection 

Act to a person who is experiencing a drug-related overdose ***.” Pub. Act 97-678, § 5 

(eff. June 1, 2012) (adding 720 ILCS 570/414). 
2016 IL App (2d) 160063 

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¶ 24 The State argues that neither section 414’s plain language nor the public act’s statement of 

legislative intent supports defendant’s assertion that she is entitled to immunity. The State notes 

that section 414(c) provides immunity if evidence of the drug possession was discovered “as a 

result of the person seeking or obtaining emergency medical assistance.” 720 ILCS 570/414(c)

(West 2014). The State contends that, as shown by their dictionary definitions, the words 

“seek” and “obtain” require volition on the part of a person and that here defendant did not seek 

or obtain emergency medical assistance but passively received it as a result of citizens’ reports to 

the police that a car was stopped in the street with an unresponsive driver. According to the 

State, requiring the party in need of emergency medical assistance to actively seek it is consistent 

with the legislature’s intent, as the public act states that it wanted to decrease drug overdose 

deaths by providing immunity to anyone who “seeks emergency medical assistance for someone 

experiencing a drug-related overdose” and to the person “who is experiencing a drug-related 

overdose.” Pub. Act 97-678, § 5 (eff. June 1, 2012). The State asserts that it would serve no 

purpose to provide immunity to someone who receives emergency medical assistance while 

unconscious, like defendant, because she could be neither encouraged nor discouraged from acting 

in her own self-interest. 

¶ 25 The State also argues that defendant is disqualified under section 414(e). It points out that

the police were called to investigate a car stopped in traffic with an unresponsive driver and that, 

upon arrival, the officers immediately found evidence of heroin use. The State argues that this 

is a classic example of the police “community caretaking” function. The State analogizes this 

case to People v. McDonough, 239 Ill. 2d 260 (2010). There, an officer observed a car stopped 

on the shoulder of a busy highway, and he stopped to see whether the occupants needed any 

assistance. Id. at 262-63. He activated his lights for safety because it was dark and there was 
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a lot of traffic. Id. When the defendant rolled down the driver’s window, the officer smelled 

alcohol on his breath. Id. at 263. Our supreme court held that at this point the officer acquired 

the reasonable suspicion necessary to detain and investigate the defendant. Id. at 274. The 

State argues that the same principle applies here, in that the immediate discovery of drugs and 

paraphernalia provided probable cause to arrest defendant. 

¶ 26 Defendant responds that the State’s argument that she did not seek or obtain emergency 

medical assistance due to her unconscious state should be stricken because the State cites only 

dictionary definitions and no proper legal authority. She argues that the argument is also 

without merit, as it is clear that she obtained emergency medical assistance through the efforts of 

third parties. Defendant argues that the clear legislative intent of section 414 was to save lives 

from accidental drug overdoses and that any ambiguity in the statute must be construed in her 

favor, pursuant to the rule of lenity. See People v. Williams, 2016 IL 118375, ¶ 15 (the rule of 

lenity requires that any ambiguity in a criminal statute be resolved in the manner that favors the 

accused). 

¶ 27 Defendant further argues that community caretaking is an exception to the fourth 

amendment and is not relevant in this case. Defendant argues that her position is not that the 

evidence should be suppressed under the fourth amendment because the officers seized her 

before they had probable cause, but rather that she is immune from prosecution under section 

414. 

¶ 28 In construing a statute, our primary objective is to ascertain and give effect to the 

legislature’s intent, which is best indicated by the statute’s plain language. People v. McFadden, 

2016 IL 117424, ¶ 26. We give undefined terms their ordinary and popularly understood 

meanings. Skaperdas v. Country Casualty Insurance Co., 2015 IL 117021, ¶ 15. Words and 
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phrases should be viewed in light of other relevant provisions of the statute, rather than in 

isolation. Valfer v. Evanston Northwestern Healthcare, 2016 IL 119220, ¶ 22. In determining 

the statute’s plain meaning, we may also consider the reason for the law, the problems that the 

legislature intended to remedy, the purposes it sought to achieve, and the consequences of 

construing the statute in a particular manner. McFadden, 2016 IL 117424, ¶ 26. We will 

presume that the legislature did not intend an absurdity, inconvenience, or injustice. Valfer, 2016 

IL 119220, ¶ 22. Statutory interpretation presents a question of law, which we review de novo. 

McFadden, 2016 IL 117424, ¶ 26. The construction of section 414 is an issue of first impression.

¶ 29 In looking at the statute as a whole, it is apparent that section 414 is a type of “good 

Samaritan” law. Our supreme court has noted that “the term ‘good Samaritan’ derives from the 

biblical parable found at Luke 10:30-37, and refers to ‘one who compassionately renders personal 

assistance to the unfortunate.’ ” Home Star Bank & Financial Services v. Emergency Care & 

Health Organization, Ltd., 2014 IL 115526, ¶ 40 (quoting Webster’s Third New International 

Dictionary 979 (2002)). The broad purpose of good Samaritan statutes is to encourage the 

voluntary aid of others who are in imminent danger by removing the rescuer’s fear of liability. 

See id.; Parra v. Tarasco, Inc., 230 Ill. App. 3d 819, 825 (1992). Here, section 414(b) would 

clearly apply to a situation in which two friends are using drugs together, one friend overdoses, and 

the other friend calls for emergency medical assistance; the statute allows the friend to make the 

call without the fear that he or she will be charged with drug possession as a result, provided that 

the specific requirements of section 414(b) are met, including the small amount of drugs. 

¶ 30 Section 414(b) does not apply in this particular case, because defendant did not seek or 

obtain emergency medical assistance for another. Rather, she was a “person who [was] 

experiencing an overdose,” which makes section 414(c) potentially applicable. 720 ILCS 
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570/414(c) (West 2014). Under section 414(c), a person experiencing an overdose will not be 

charged with or prosecuted for a Class 4 felony possession of a controlled substance if the 

“evidence [for the charge] was acquired as a result of the person seeking or obtaining emergency 

medical assistance.” Id. 

¶ 31 Contrary to defendant’s assertion, the State did not forfeit its argument that defendant 

could not have sought or obtained emergency medical assistance when she was unresponsive. 

The State cited authority for construing statutes according to their plain meaning, and it was free to 

argue what that plain meaning was. Moreover, courts look to dictionaries to give words their 

ordinary and popularly understood meanings (see LeCompte v. Zoning Board of Appeals, 2011 IL 

App (1st) 100423, ¶ 29), so the State likewise could look to dictionary definitions to support its 

position. 

¶ 32 In its brief and at oral argument, the State asserted that both “seek” and “obtain” require 

affirmative action. Merriam-Webster provides that the “[s]imple [d]efinition” of “seek” is “to 

search for (someone or something)”; “to try to find (someone or something)”; “to ask for (help, 

advice, etc.)”; and “to try to get or achieve (something).” Merriam-Webster Dictionary, 

http://www.merriam-webster.com/dictionary/seek (last visited Aug. 23, 2016). Its definition of 

“obtain” is “to gain or get (something)[,] usually by effort” and “to continue to be accepted or in 

use.” Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/obtain (last 

visited Aug. 23, 2016). 

¶ 33 Thus, to “seek” requires proactivity, and here defendant was unconscious, so she could 

not be said to have “sought” emergency medical attention. However, the definition of “obtain” 

is “to gain or get (something)” (id.), and here defendant “got” emergency medical attention. 

The definition further states that the gaining or getting is “usually by effort,” but it does not state 
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or imply that it must be by effort. Accordingly, defendant “obtained” emergency medical 

assistance from the police officers, in that they injected her with Narcan and revived her. As 

such, contrary to the State’s argument, section 414(c) can cover situations in which individuals 

passively obtain emergency medical assistance. 

¶ 34 That being said, for immunity to apply, section 414(c) also requires that the evidence of 

the drug possession was “acquired as a result of” the person seeking or obtaining emergency 

medical assistance. See 720 ILCS 570/414(c) (West 2014). Thus, here the question remains 

whether the evidence of defendant’s drug possession, namely the substance appearing to be 

heroin, the hypodermic syringes, and the bottom of a can that had cotton in it, was “acquired as a 

result of” defendant obtaining emergency medical assistance. Defendant takes the position that 

she “obtained” emergency medical assistance when the officers first arrived at the scene, as 

opposed to when they administered Narcan. We disagree, as defendant did not “gain or get” 

emergency medical assistance when the officers arrived. Rather, defendant got the emergency 

medical assistance only after they viewed her, confirmed that she was unresponsive, and saw 

suspected drugs and drug paraphernalia in the car. At that point, they believed that she was 

suffering from a drug overdose, and they provided emergency medical assistance in the form of 

Narcan. In other words, the officers obtained evidence of defendant’s drug use and possession 

by viewing objects in plain sight in the car when they arrived, and they did not acquire the 

evidence “as a result of” providing defendant with emergency medical assistance. Indeed, the 

officers provided emergency medical assistance as a result of viewing evidence of drug use and 

possession, not the reverse. 

¶ 35 We do not find persuasive defendant’s argument that such an interpretation is 

unreasonable because it allows a person to receive immunity if a paramedic administers Narcan 
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before the police arrive, but not if the police get to the scene first. Such a scenario presents too 

many variables to provide a convincing contrast. For example, if a driver called for emergency 

medical assistance for a drug overdose before passing out, it is arguable that any evidence of 

drug possession subsequently collected would be a result of the driver seeking or obtaining 

emergency medical assistance, so immunity could arguably apply regardless of whether the 

police or an ambulance arrived first. That is, in the hypothetical, the driver sought emergency 

medical assistance, and thus anything the police viewed afterward would arguably be a result of 

the driver seeking that assistance. Even under the present facts, it is still arguable that, if 

paramedics had arrived before the police officers, the evidence of drug possession would not be a

result of defendant obtaining emergency medical assistance, as the evidence was clearly and 

immediately visible before any assistance was administered. For immunity to apply under 

section 414(c), the evidence of drug possession must be “acquired as a result of the person seeking 

or obtaining emergency medical assistance,” which did not occur here. 

¶ 36 Even if, arguendo, section 414(c) applied in this case, we agree with the State that the 

exception in section 414(e) constitutes an independent bar to immunity. The State discusses the 

“community caretaking” doctrine in conjunction with section 414(e), but we agree with 

defendant that the doctrine is not directly relevant here, as defendant is not seeking to suppress 

evidence under the fourth amendment. See People v. Luedemann, 222 Ill. 2d 530, 546 (2006) 

(“Courts use the term ‘community caretaking’ to uphold searches or seizures as reasonable under 

the fourth amendment when police are performing some function other than investigating the 

violation of a criminal statute.”). 

¶ 37 Again, section 414(e) states that the immunity:
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“shall not be extended if law enforcement has reasonable suspicion or probable cause to 

detain, arrest, or search the person described in subsection (b) or (c) of this Section for 

criminal activity and the reasonable suspicion or probable cause is based on information 

obtained prior to or independent of the individual described in subsection (b) or (c) taking 

action to seek or obtain emergency medical assistance and not obtained as a direct result of 

the action of seeking or obtaining emergency medical assistance.” 720 ILCS 570/414(e) 

(West 2014). 

¶ 38 The question here is whether the police had “reasonable suspicion or probable cause to 

detain, arrest, or search” defendant “for criminal activity[,] and the reasonable suspicion or 

probable cause [was] based on information obtained prior to or independent of” defendant “taking 

action to seek or obtain emergency medical assistance and not obtained as a direct result of the 

action of seeking or obtaining emergency medical assistance.” Id. As discussed, defendant 

never sought emergency medical assistance, and she did not obtain emergency medical assistance 

until the officers injected her with Narcan. Prior to that time, the officers observed defendant’s 

condition and saw a brown rock-like substance, syringes, and the bottom part of a can containing 

cotton that were in plain view in the car. 

¶ 39 An officer has probable cause to arrest a person if he or she knows facts that would lead a 

reasonably cautious person to believe that the individual has committed an offense. People v. 

Taylor, 2016 IL App (2d) 150634, ¶ 49. In general, when an officer observes illegal drugs in 

plain view, the officer has probable cause to seize the contraband and arrest the vehicle’s 

occupants. See People v. Leggions, 382 Ill. App. 3d 1129, 1134 (2008); People v. Walters, 256 

Ill. App. 3d 231, 238 (1994). Thus, before rendering emergency medical assistance in the form of 

the Narcan injection, the officers here had probable cause to arrest defendant for unlawful 
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possession of a controlled substance, because they viewed defendant’s condition and saw 

suspected drugs and drug paraphernalia. Stated differently, the officers’ probable cause was 

based on information they acquired before defendant obtained emergency medical assistance from 

them, and the evidence was not a direct result of defendant obtaining emergency medical 

assistance. See 720 ILCS 570/414(e) (West 2014). Accordingly, even if section 414(c) initially 

provided defendant with immunity, section 414(e) prohibited the application of that immunity. 

We therefore conclude that the trial court did not err in denying defendant’s motion to dismiss the 

charges under section 414. 

¶ 40 B. Defendant’s Sentence

¶ 41 Defendant next argues that her sentence is excessive. She notes that, at the sentencing 

hearing, her counsel requested that she be sentenced to first-offender probation under section 410 

of the Act (720 ILCS 570/410 (West 2014)). Her counsel argued that she was educated, was 

progressing in her recovery program, and had no prior drug-offense convictions. Defendant 

argues that, although the trial court commented at great length on her drug use and addiction, it 

did not mention the request for section 410 probation. Defendant contends that the trial court 

abused its discretion by not even considering or making findings regarding section 410 

probation. 

¶ 42 Section 410 states, in relevant part: 

“Whenever any person who has not previously been convicted of, or placed on 

probation or court supervision for any offense under this Act or any law of the United 

States or of any State relating to cannabis or controlled substances, pleads guilty to or is 

found guilty of possession of a controlled or counterfeit substance under subsection (c) of 

Section 402 or of unauthorized possession of prescription form under Section 406.2, the 
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court, without entering a judgment and with the consent of such person, may sentence him 

or her to probation.” Id.

If an individual successfully completes section 410 probation, he or she may have his conviction 

essentially expunged. See 720 ILCS 570/410(g) (West 2014). The trial court has the 

discretion to grant or deny section 410 probation. People v. Miller, 2014 IL App (2d) 120873, ¶ 

34. If a sentence is within the statutory limits, it will not be labeled an abuse of discretion 

unless it is at variance with the spirit and the purposes of the law or is manifestly 

disproportionate to the offense’s nature. People v. Bryant, 2016 IL App (1st) 140421, ¶ 14. 

¶ 43 We conclude that defendant has forfeited her argument. To preserve a claim of a 

sentencing error, a defendant must make a contemporaneous objection and raise the issue in a 

written postsentencing motion. People v. Walsh, 2016 IL App (2d) 140357, ¶ 16. Here, 

although defendant requested section 410 probation during the sentencing hearing, she did not 

file any postsentencing motion, thereby forfeiting the issue for review. 

¶ 44 Even otherwise, defendant’s argument is without merit. As the State points out in its 

brief, “[a] sentencing judge is presumed to have considered all relevant factors, including the 

mitigating evidence presented, unless the record affirmatively shows otherwise.” People v. 

Chirchirillo, 393 Ill. App. 3d 916, 927 (2009). Here, nothing in the record affirmatively shows 

that the trial court failed to consider section 410 probation. In fact, the trial court stated that it 

“considered the arguments and recommendations of the attorneys in this case.” (Emphasis 

added.) We further find no abuse of discretion in not sentencing defendant to such probation, 

as defendant had a prior felony conviction and some misdemeanor convictions and the 

presentence investigation report found that defendant had a significant substance abuse problem 

and was at a moderate risk to reoffend. 
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¶ 45 III. CONCLUSION

¶ 46 For the foregoing reasons, we affirm the judgment of the Lake County circuit court. As 

part of our judgment, we grant the State’s request that defendant be assessed $50 as costs for this 

appeal. 55 ILCS 5/4-2002(a) (West 2014); see also People v. Nicholls, 71 Ill. 2d 166, 179 (1978). 

¶ 47 Affirmed.