People v. Gates

403 N.E.2d 77, 82 Ill. App. 3d 749, 38 Ill. Dec. 62, 1980 Ill. App. LEXIS 2597
CourtAppellate Court of Illinois
DecidedApril 1, 1980
Docket78-570
StatusPublished
Cited by11 cases

This text of 403 N.E.2d 77 (People v. Gates) 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. Gates, 403 N.E.2d 77, 82 Ill. App. 3d 749, 38 Ill. Dec. 62, 1980 Ill. App. LEXIS 2597 (Ill. Ct. App. 1980).

Opinion

Mr. JUSTICE LINDBERG

delivered the opinion of the court:

The State appeals an order entered by the Circuit Court of Du Page County which quashed a search warrant and suppressed the evidence seized pursuant to the authority of the warrant. At issue is whether the warrant was sufficient under the standards set forth in Aguilar v. Texas (1964), 378 U.S. 108, 12 L. Ed. 2d 723, 84 S. Ct. 1509, and Spinelli v. United States (1969), 393 U.S. 410, 21 L. Ed. 2d 637, 89 S. Ct. 584. We affirm.

The facts are straightforward. On May 3, 1978, the Bloomingdale Police Department received a handwritten, anonymous letter which had no return address. The letter recited as follows:

“This letter is to inform you that you have a couple in your town who strictly make their living on selling drugs. They are Sue and Lance Gates, they live on Greenway, off Bloomingdale Road, in the condominiums. Most of their buys are done in Florida. Sue his wife drives their car to Florida, where she leaves it to be loaded up with drugs, than flys [sic] back after she drops the car off in Florida. May 3, she is driving down there again and Lance will be flying down in a few days to drive it back. At the time Lance drives the car back he has the trunk loaded with over $100,000.00 in drugs. Presently they have over $100,000 worth of drugs in their basement.

They brag about the fact that they never have to work, and make their entire living on pushers.

I guarentee [sic] if you watch them carefully you will make a big catch. They are friends with some big drug dealers, who visit their house often.

Lance and Sue Gates Greenway In Condominiums.”

On the same day the letter was received, Detective Charles Mader of the Bloomingdale police department made an inquiry to the Secretary of State’s office regarding the driver’s license of one Lance Gates. The computer reply stated that an Illinois Drivers License had been issued to a Lance B. Gates, whose address was listed at 209 D, Dartmouth Drive, Bloomingdale, Illinois. His physical description was given as follows: Sex — Male

Date of Birth — July 13, 1947 Height — 511"

Weight — 220 pounds Hair — Brown Eyes — Brown.

Later the same day, Detective Mader contacted a confidential informant. Detective Mader had known this informant for approximately two years during which time the informant had provided the detective with information which resulted in seven criminal convictions. This informant told the detective that Lance B. Gates’ current address was 198 B. Greenway Drive, Bloomingdale, Illinois.

Detective Mader then called Officer Ott of the Chicago police department who at that time was assigned to O’Hare Airport. Officer Ott reviewed flight information and stated that L. Gates, phone number 980-8427, was scheduled to depart Chicago-O’Hare on May 5, 1978, on Eastern Airlines Flight 245, departing at 4:15 p.m. The flight was scheduled from Chicago to Atlanta and then to West Palm Beach, Florida.

Detective Mader then told the radio operator at the Bloomingdale police department to call the security office of the Illinois Bell Telephone Company. The radio operator was told that telephone number 980-8427 was a nonpublished number issued to Lance B. Gates whose address is 189 B Greenway Drive, Bloomingdale, Illinois.

On May 5,1978, Detective Mader was telephoned by Agent William Morely of the Drug Enforcement Agency. He told Mader that, pursuant to a prior arrangement with the detective, he had maintained a surveillance on all passengers boarding Flight 245. He told Mader that a person matching the description of and using the name Lance Gates had boarded the flight.

Agent Morely called Mader the next day and told him that an agent in Florida had just completed a surveillance on Lance Gates in West Palm Beach. This Florida agent told Morely that he observed the defendant remain in the airport for approximately one hour after his arrival. He next saw him take a taxi which the agent followed to the Holiday Inn in West Palm Beach. The defendant went to a room which was registered to Susan Gates. At approximately 7 a.m. on May 6, 1978, the Florida agent saw Lance Gates and a female leave the room, go to the parking lot, and get in a red vinyl-over-gray Mercury bearing Illinois license plates RS8437. The Florida agent followed this Mercury northbound to an interstate which is commonly used by travelers to the Chicago area. At that point the surveillance was terminated.

Agent Morely also told Detective Mader that the license plate RS8437 was registered to the defendant but for a 1975 Hornet station wagon. Finally Agent Morely advised the Detective that the approximate driving time from West Palm Beach to Bloomingdale is 21-23 hours.

A complaint for search warrant was prepared and presented for approval to an associate judge. The complaint attached an affidavit signed by Detective Mader, which recited substantially the same facts as set forth above, and included a copy of the anonymous note as an attachment to the affidavit. 1 The request for the issuance of the warrant was approved, and a search warrant was issued authorizing police to search the person of both defendants, their condominium located on Greenway in Bloomingdale, and the gray Mercury driven by Lance Gates.

On May 7, 1978, at approximately 5:15 a.m., Lance and Susan Gates arrived at the residence of 198 B Greenway Drive, in Bloomingdale. Pursuant to the warrant, the police searched the car and found “seven large burlap bundles of cannabis” weighing in excess of 400 pounds. The residence was then searched, and police discovered numerous rifles, a handgun, a green garbage can containing approximately 20 pounds of cannabis, three-fourths of a bale of cannabis, numerous baggies and hand-rolled cigarettes containing cannabis, and assorted weighing devices.

Both defendants were arrested and later were indicted on various narcotics and firearms charges. Prior to trial, a motion to quash the arrest and suppress evidence was filed on behalf of both defendants. The basis of the defendants’ motion was that the warrant failed to comply with the requirements of Aguilar v. Texas (1964), 378 U.S. 108, 12 L. Ed. 723, 84 S. Ct. 1509, in that the author of the anonymous letter was not “reliable” and that there was no showing that his or her information was obtained in a reliable manner. After a hearing, the trial court granted the defendants’ motion to quash and suppress, and the State appeals.

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Cite This Page — Counsel Stack

Bluebook (online)
403 N.E.2d 77, 82 Ill. App. 3d 749, 38 Ill. Dec. 62, 1980 Ill. App. LEXIS 2597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gates-illappct-1980.