People v. Mitchell

377 N.E.2d 1073, 61 Ill. App. 3d 99, 18 Ill. Dec. 437, 1978 Ill. App. LEXIS 2794
Appellate Court of Illinois·Decided May 31, 1978·No. 77-887·Published·Cited by 8 cases

Opinion

Miss JUSTICE McGILLICUDDY

delivered the opinion of the court:

The defendant, Francis A. Mitchell, was charged in a two-count indictment with the murder of his former mother-in-law, Frances Krejci. (Ill. Rev. Stat. 1971, ch. 38, pars. 9 — 1, 9 — 1(a)(2).) The Circuit Court of Cook County granted the defendant’s pretrial motion to quash a search warrant and suppress the evidence seized pursuant to the warrant. The State appeals under Supreme Court Rule 604(a)(1) (Ill. Rev. Stat. 1977, ch. 110A, par. 604(a)(1)) and contends that the trial court improperly allowed the motion to quash and suppress the warrant on the grounds of lack of probable cause and lack of specificity of the property to be seized.

The search warrant was issued at 11:10 p.m., June 9, 1973, upon the complaint of Officer Michael Ochsner of the Berwyn Police Department. The warrant authorized the search of the defendant’s home in Bartlett, Illinois, and directed the seizure of “any clothing, weapons, instruments, articles or contraband which have been used in the commission of or which constitute evidence of the offense of murder.” The warrant was executed by Officer Ochsner and the inventory was returned by him on June 10,1973. The property seized consisted of a 1973 Ford automobile, a desk calendar, and a bag of clothing.

The complaint for the search warrant set forth the following statement as probable cause for the officer’s belief that the items described by the warrant were to be found in the defendant’s home:

“On June 9,1973, at approximately 11:22 A.M., the Berwyn Police Dept, was contacted by Mildred Mitchell of Bonita Springs, Florida and asked to investigate the welfare and condition of her mother, Frances Krejci, of 3622 South Cuyler, Berwyn, Illinois. Mildred Mitchell stated that her [sic] and her father had been brutally assaulted this morning by Miss Mitchell’s ex-husband, Frank Anthony Mitchell. I, Officer Michael Ochsner, was assigned to investigate this call. Upon arrival at 3622 South Cuyler, Berwyn, Illinois, I was met by Lillian Beranck, a friend of Mrs. Krejci, who stated that she was expected for lunch but was unable to obtain a response from Mrs. Krejci. Two neighbors at the scene also confirmed that Mrs. Krejci had not been seen since Thursday evening, June 7, 1973, and that their attempts to arouse her were unsuccessful. At this point, I and Sgt Ahr made a forceable [sic] entry of the premises with the assistance of the Berwyn Fire Dept. Upon entry, I discovered the victim, Frances Krejci, lying at the bottom of a staircase in the hallway. She had severe head wounds. No weapon was found at or near the scene of the crime. Frances Krejci was pronounced dead at 12:24 pm, June 9, 1973, by Dr. Santiago of the McNeal Memorial Hospital Staff. At this time, Mildred Mitchell telephoned the premises and was appraised [sic] of the condition of her mother. Miss Mitchell stated, “You gotta get my ex-husband, Frank Mitchell.” Miss Mitchell further related that Frank Mitchell had attacked her and her father with a hammer in her home in Bonita Springs, Florida at apprx. 4:15 am on this date (June 9, 1973). She further stated that she telephoned Frank Mitchell at his home in Bartlett, Illinois at 11:30 am this date (June 9,1973) and found him to be home. She then provided us with the address of Frank Mitchell (465 South Oak Glenn Drive, Bartlett, Illinois). Based upon the facts as set out in this complaint and the strong similarity of this crime and the crimes in Florida, I believe a search of these premises will reveal evidence of this crime.”

At the conclusion of counsel’s argument at the hearing on the motion to quash and suppress, the trial court commented that one could conclude from the complaint for the warrant that the defendant was a “prime suspect” in the murder, but that one could not conclude that the defendant’s home should be searched. The court granted the motion on the grounds that probable cause to search the premises had not been established and that the warrant lacked sufficient specificity in its description of the property to be seized.

The State contends that the complaint for the search warrant established probable cause in that it demonstrated a connection between the attack complained of by the daughter and the situation observed by the officer while investigating the whereabouts of the victim. The State maintains that this is sufficient to reasonably conclude that the defendant perpetrated an offense and that evidence of the offense would be found in the defendant’s home. The State further argues that the property designated for the seizure was described with sufficient particularity to establish proper limits to the search. In support of this argument the State points to the nature and circumstances which were involved in the offense, particularly the facts known to the investigating officer and the fact that this officer also secured and executed the search warrant.

In response to the State’s contentions, the defendant argues that the complaint for the warrant failed to demonstrate that an offense had been committed. It is his view that the complaint merely alleges facts which are consistent with an accidental death. Furthermore, the defendant notes that the officer requesting the search warrant merely indicated a belief that evidence of a crime would be found at his home and that the complaint stated no facts which would indicate the presence of such evidence. In short, the warrant is alleged to have permitted the executing officer to undertake a “fishing expedition.”

Section 108 — 3 of the Code of Criminal Procedure of 1963 sets forth the requirements for the issuance of a search warrant:

“Upon the written complaint of any person under oath or affirmation which states facts sufficient to show probable cause and which particularly describes the place or person, or both, to be searched and the things to be seized, any judge may issue a search warrant for the seizure of the following:
(a) Any instruments, articles or things which have been used in the commission of, or which may constitute evidence of, the offense in connection with which the warrant is issued.” (Ill. Rev. Stat. 1977, ch. 38, par. 108 — 3(a).)

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People v. Mitchell, 377 N.E.2d 1073, 61 Ill. App. 3d 99, 18 Ill. Dec. 437, 1978 Ill. App. LEXIS 2794 (Ill. Ct. App. 1978).

377 N.E.2d 1073 (People v. Mitchell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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