People v. Cooke

701 N.E.2d 526, 299 Ill. App. 3d 273, 233 Ill. Dec. 676, 1998 Ill. App. LEXIS 675
CourtAppellate Court of Illinois
DecidedSeptember 30, 1998
Docket4-97-0955
StatusPublished
Cited by27 cases

This text of 701 N.E.2d 526 (People v. Cooke) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cooke, 701 N.E.2d 526, 299 Ill. App. 3d 273, 233 Ill. Dec. 676, 1998 Ill. App. LEXIS 675 (Ill. Ct. App. 1998).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

The State appeals pursuant to Supreme Court Rule 604(a)(1) (145 Ill. 2d R. 604(a)(1)) from the order of the circuit court of Mason County quashing a search warrant and suppressing evidence in two cases against the defendant, Kenneth L. Cooke. In Mason County case No. 96 — CF — 135, defendant was charged in two counts with unlawful possession of a weapon by a felon and unlawful use of a weapon. 720 ILCS 5/24 — 1(a)(6), 24 — 1.1(a) (West 1996). In Mason County case No. 96 — CM — 396, he was charged in three counts with unlawful possession of a hypodermic syringe or needle, drug paraphernalia, and cannabis. 720 ILCS 635/1, 550/4(b) (West 1996). In the trial court, these cases were treated as consolidated cases, without objection, even though no specific order of consolidation is found in the record. The issues are whether (1) the affidavits filed in support of the complaint for search warrant sufficiently established probable cause; and (2) if probable cause to issue a search warrant was lacking, the evidence discovered in the subsequent search was nevertheless admissible under the good-faith exception to the exclusionary rule. We reverse and remand.

Defendant’s motion to quash the search warrant and suppress evidence challenged the complaint for search warrant and the affidavit attached thereto as facially defective. The complaint for search warrant filed December 11, 1996, by Inspector Rod Boggs, of the Illinois State Police, read as follows:

“Complainant, Insp. Rod Boggs, of the Illinois State Police, State of Illinois, upon oath, complains to and informs said Court.
(1) That Complainant states facts contained in the attached Affidavit to support the complaint and to show probable cause for the issuance of the Search Warrant prayed for.
(2) That the following described place or person, or both, are to be the subject of the requested search; the residence of Kenneth L. Cooke located at 26197 Sandy Ridge Lane, Topeka, Mason County, Illinois. The residence can be described as a white mobile home with black trim setting [sic] on the north-south axis with an entrance located on the east side and a bay window on the north end of the mobile home. The mobile home is partially surrounded by a white stockade fence. This residence is the last residence located on the west side of Sandy Ridge Lane, approximately XU of a mile east of Cactus Drive.
(3) That the following things are to be seized: Any and all cannabis and/or controlled substances, paraphernalia used in the packaging and/or private use and processing of cannabis and/or controlled substances including but not limited to triple beam scales, plastic bags, ties; razor blades, as well as any and all documents relating to the sale or distribution of cannabis and/or controlled substances, U.S. currency including but not limited to prerecorded OAF listed in the Affidavit, firearms and ammunition, documents indicating residency.
WHEREFORE, complainant prays that a Search Warrant may issue according to law.”

The supporting affidavit read:

“I, Insp. Rod Boggs, being first duly sworn under oath state as follows:
I have been a police officer for eight years and I am currently assigned to the Illinois State Police Drug Task Force.
On December 10, 1996 at approximately 9:30 a.m. I, Insp. Rod Boggs, met with the
the confidential source saw confidential source and was informed of/ the following: that on Sunday, December 8, 1996[,] located at 26197 Sandy Ridge Lane, Topeka, Mason County, Illinois[,] known as the residence of Kenneth L. Cooke, is a container approximately 9x13x3 containing purported cannabis and also drug paraphernalia within the residence. The confidential source also informed the R.I. that located within the residence is a long gun (shot gun [sic] or rifle) and at least one pistol which Kenneth L. Cooke carries on his person. The R.I. checked on the criminal history of Kenneth L. Cooke and confirmed that Mr. Cooke is a convicted felon and currently has no valid [Firearm Owners Identification (FOID)] card.
The undersigned knows of no reason why such confidential source is not reliable. The level of detail provided by the confidential source is such that the undersigned believes the confidential source to be of reliable nature.
Further Affiant Sayeth Not.”

On December 13, 1996, Judge Thomas Brownfield issued a warrant to search the described premises at 26197 Sandy Ridge Lane, Topeka, Mason County, Illinois, and to seize items as requested in the complaint.

Defendant’s motion to suppress was heard by Judge M. Carol Pope on June 24, 1997. No witnesses were presented at that hearing. Following the hearing, the cause was taken under advisement. On July 1, 1997, the trial court entered an order: (1) acknowledging that the State had attempted to raise the good-faith exception in a telephonic conference call after the hearing over defendant’s objection to the timeliness of the argument; (2) giving the State 10 days to file a pleading raising the good-faith exception; and (3) finding the search warrant affidavit defective for the following reasons:

“The affidavit in the case at bar does not disclose reasons to support the conclusion that the confidential source is reliable. Nor does it disclose any basis to show the informant had any experience or expertise in identifying cannabis or drug paraphernalia. Cf., People v. Eddie Payne, 239 Ill. App. 3d 698, 702-703 (5th Dist. 1993). There is absolutely no independent corroboration of the information provided by the informant, nor any information from which the reliability and veracity of the informant could be judged.
While the affidavit contains a conclusionary statement that ‘the level of detail provided by the confidential source is such that the undersigned believes the confidential source to be of reliable nature,’ the affidavit does not relate those details.”

On July 8, 1997, the State filed a motion to reconsider challenging the trial court’s findings with regard to the affidavit and raising the good-faith exception. A hearing on the motion was conducted on September 23, 1997. Again, no witnesses were presented. On October 2, 1997, the trial court entered an order quashing the warrant and suppressing all evidence seized pursuant to it. The trial court found that the good-faith exception did not apply because the affidavit was “so lacking in indicia of probable cause as to render official belief in its existence unreasonable.” In addition, the order found that the affidavit did not provide a substantial basis for determining probable cause. The order expressly incorporated by reference the trial judge’s reasoning expressed at the end of the hearing on September 23, 1997.

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Cite This Page — Counsel Stack

Bluebook (online)
701 N.E.2d 526, 299 Ill. App. 3d 273, 233 Ill. Dec. 676, 1998 Ill. App. LEXIS 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cooke-illappct-1998.