People v. Morrison

532 N.E.2d 1077, 178 Ill. App. 3d 76, 127 Ill. Dec. 248, 1988 Ill. App. LEXIS 1860
CourtAppellate Court of Illinois
DecidedDecember 30, 1988
Docket4-88-0309
StatusPublished
Cited by46 cases

This text of 532 N.E.2d 1077 (People v. Morrison) 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. Morrison, 532 N.E.2d 1077, 178 Ill. App. 3d 76, 127 Ill. Dec. 248, 1988 Ill. App. LEXIS 1860 (Ill. Ct. App. 1988).

Opinion

JUSTICE LUND

Following a jury trial, defendant Ricky Morrison was convicted of unlawful possession of more than 15 grams of a substance containing cocaine, in violation of section 402(a)(2) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1987, ch. 56V2, par. 1402(a)(2)), and of unlawful possession of more than 30 grams but less than 500 grams of a substance containing cannabis, in violation of section 4(d) of the Cannabis Control Act (Ill. Rev. Stat. 1987, ch. 56x/2, par. 704(d)). The circuit court of Adams County sentenced defendant to a term of 10 years’ imprisonment for the offense of unlawful possession of cocaine. The court also assessed a fine of $1,960, which is equivalent to the street value of the drugs found in defendant’s possession, pursuant to section 5 — 9—1.1 of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1005—9—1.1), and a fine of $25, pursuant to section 10 of the Violent Crime Victims Assistance Act (Ill. Rev. Stat. 1987, ch. 70, par. 510). Defendant appeals. We affirm.

On appeal, defendant raises the following allegations of error: (1) the circuit court erred in denying defendant’s motion to suppress evidence because the complaint for search warrant was insufficient to establish probable cause; (2) defendant was not proved guilty beyond a reasonable doubt, either as a principal or as one accountable for the principal’s acts; (3) the court erred by refusing to admit into evidence an excerpt from a codefendant’s sentencing hearing which defendant alleges is an admission of defendant’s innocence by the State; (4) the court erred in admitting irrelevant and immaterial evidence concerning a currency exchange made by defendant IV2 months before his arrest; and (5) the court erred in requiring the jury to continue deliberating after it sent a note to the court stating it was deadlocked. In addition, the State argues defendant’s sentencing was incomplete, as no sentence was imposed for unlawful possession of cannabis, and such a sentence in this cause would not violate People v. King (1977), 66 Ill. 2d 551, 363 N.E.2d 838, cert. denied (1977), 434 U.S. 894, 54 L. Ed. 2d 181, 98 S. Ct. 273.

Initially, we address the question pertaining to the motion to suppress evidence. On July 13, 1987, a search warrant was issued for the residence at 304 Elm Street, Quincy, Adams County, Illinois. The complaint for search warrant alleged the following facts as grounds for supporting charges of possession and delivery of cocaine:

“He [complainant] has been a law enforcement officer for 7 years and Dept, of Criminal Investigation (D.C.I.) Agent for IV2 years. On July 6, 1987, complainant met w/an individual re the purchase of cocaine. Said individual led complainant to above described residence. He gave said individual $220 to go into residence to purchase 2 grams of cocaine. He walked toward above described door and returned from area of said door approximately 10 minutes later, and handed complainant a folded piece of paper containing white powdery substance which field-tested positive for possible presence of cocaine. Within the past 24 hours, complainant met with same individual for the purchase of more cocaine. Said individual again led complainant to same above-described residence. Complainant gave individual $200 to take into residence to purchase 2 grams of cocaine. He went into residence through said door and he exited from the same door about 7 minutes later. After returning he gave complainant packet of white powdery substance, which again field-tested positive for the possible presence of cocaine. Complainant gave said individual pre-recorded U.S. currency. A copy of said currency is attached hereto as Exhibits A and B. On July 6, money given to said individual was U.S. currency in following denominations:
$20 bill G70943039A
$100 bill E06165513B
$100 bill G30383915A.”

The complaint was signed and sworn to by Kenneth Yelliot, a sergeant with the Department of Criminal Investigations. The search of the home was conducted on the evening of July 13, 1987. Defendant was present and was arrested as the house contained large quantities of cocaine and cannabis, as well as large sums of money.

On December 30, 1987, defendant filed a pretrial motion to suppress the evidence seized at 304 Elm Street in Quincy. The motion argued that the complaint for search warrant contained insufficient information to sustain the finding of probable cause. No allegation was made that defendant had a reasonable expectation of privacy for the place searched or the property seized. Following arguments, the court took the motion under advisement. Subsequently, an order was entered finding that defendant had no standing to contest the search of the premises and the seizure of the illegal drugs found therein because he had made no showing “that his fourth amendment rights were violated.” The trial court also examined the sufficiency of the complaint. It determined that, viewed under a commonsense approach, the complaint contained sufficient facts to support a warrant, although the complaint may have been “inartfully drawn.”

Defendant argues the complaint is insufficient for three reasons. He notes that the individual who led the police officer to 304 Elm Street for the controlled purchases was a convicted drug dealer himself, and was not searched prior to or after the purchases were allegedly made. Therefore, it is possible the individual never purchased the cocaine at 304 Elm Street but surreptitiously sold the cocaine to the police officer himself. Defendant notes the police officer did not even see the individual enter the residence during the first visit. Rather, the individual was merely seen near the entrance to 304 Elm Street. Second, defendant questions the reliability of the field tests performed by the officer on the white, powdery substance. Defendant argues the officer failed to obtain verification that the substance was actually cocaine. Therefore, his statements regarding the presence of cocaine can only be described as conclusions. Finally, defendant argues there are no facts or statements in the complaint that directly suggest there would be more cocaine found at 304 Elm Street. The officer records no statement from the individual that he saw cocaine inside the home, nor, in fact, is it recorded that the individual even purchased the substance in the house. Defendant argues these thoughts are mere conclusions for the issuing magistrate to make based on assumptions and not facts. Therefore, defendant concludes the complaint was insufficient to support a finding of probable cause.

Defendant cites People v. Grzeskiewicz (1981), 94 Ill. App. 3d 769, 419 N.E.2d 56, for support. In Grzeskiewicz, a complaint for search warrant was made out for the search of a room in one of the buildings at Western Illinois University, and for the search of one Case R. Grzeskiewicz. The facts supporting the affidavit were as follows:

“On February 1, 1980, at approximately 9:30 a.m., Herbert Ross, an ordinary citizen and student at Western Illinois University, reported to affiant that he had observed Case R.

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Bluebook (online)
532 N.E.2d 1077, 178 Ill. App. 3d 76, 127 Ill. Dec. 248, 1988 Ill. App. LEXIS 1860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morrison-illappct-1988.