People v. Payne

607 N.E.2d 375, 239 Ill. App. 3d 698, 180 Ill. Dec. 481, 1993 Ill. App. LEXIS 121
CourtAppellate Court of Illinois
DecidedFebruary 1, 1993
Docket5-91-0564
StatusPublished
Cited by20 cases

This text of 607 N.E.2d 375 (People v. Payne) 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. Payne, 607 N.E.2d 375, 239 Ill. App. 3d 698, 180 Ill. Dec. 481, 1993 Ill. App. LEXIS 121 (Ill. Ct. App. 1993).

Opinion

JUSTICE RARICK

delivered the opinion of the court:

Following a bench trial, defendant, Eddie Payne, was convicted of unlawful possession of more than 30 grams but not more than 500 grams of a substance containing cannabis. (Ill. Rev. Stat. 1989, ch. 56½, par. 704(d).) Defendant was sentenced to two years’ imprisonment and ordered to pay court costs in the amount of $258. On appeal, defendant raises three issues: (1) whether the trial court erred in denying defendant’s motion to suppress evidence on the basis that the search warrant was supported by nothing more than a “bare bones” affidavit; (2) whether the State established a continuous chain of custody of the cannabis seized from defendant’s home so as to demonstrate that the seized cannabis was the same substance which was submitted for chemical analysis; and (3) whether the State proved beyond a reasonable doubt an essential element of the offense charged— the amount of cannabis involved. For reasons which follow, we affirm.

On November 9, 1990, Equality Police Chief Chester Baker sought a warrant to search defendant’s home for “any and all cannabis or marijuana and any and all drug paraphernalia.” Attached as exhibit B to the complaint for search warrant was Chief Baker’s sworn statement indicating that a reliable informant had told him that marijuana could be found at defendant’s home.

The search warrant was issued and executed on November 9, 1990. The warrant was executed by Chief Baker and six other officers: Sheriff Glen McCabe, Deputy Raymond Martin, Shawneetown Police Chief Robert Patton, Ridgeway Chief of Police Michael Kitchens, Officer David Mills and Old Town police officer Billy Gene Taylor. Pursuant to the search, a large plastic container and two “zip-lock” baggies containing a green, leafy substance were seized. Additionally, the officers found a set of scales, several “roaches” and a book on growing marijuana. Baker and Martin placed the seized items in the back of Martin’s squad car, and Martin took the items to the courthouse in Shawneetown. Kitchens and Baker then arrested defendant at a local factory where he worked; defendant was charged with unlawful possession of cannabis.

On April 1, 1991, defendant filed a pretrial motion to quash the search warrant and suppress the evidence. The motion alleged the warrant was overbroad and did not state with particularity the person and/or place to be searched. Defendant further averred that Baker’s affidavit did not set forth sufficient facts to establish probable cause for the issuance of a search warrant. Following an evidentiary hearing, defendant’s motion to quash the warrant and suppress the evidence was denied. Trial commenced on June 10, 1991.

At trial, Officer Martin testified that he transported the confiscated material to the Shawneetown courthouse, where he met Sheriff McCabe. He and McCabe put the items in the evidence room at the courthouse, and McCabe locked the door to that room. McCabe testified that at the time the material was placed in the evidence room, he was the only person who had a key to that room. The key was usually kept in his pocket on a key ring. McCabe testified that he kept the evidence room locked at all times. McCabe retired in December of 1990, and the key was turned over to Officer Martin as the incoming sheriff. The items were placed in the evidence room the same day the search warrant was executed — November 9, 1990. Baker testified that he placed on the two baggies and the plastic container evidence stickers reading “Eddie Payne, 11/9/90, Payne Residence” on November 13, 1990, four days after the search. He later testified that the stickers were placed on the containers on November 9, 1990. He admitted that he could not remember which date was the correct date but that no markings were placed on the baggies or container until he made them. Baker testified that on November 13, 1990, he and McCabe took the plastic container and one of the baggies to Sheriff McCabe’s office. The officers took a small sample from the bag and the container, placed them in separate envelopes, marked each envelope, sealed them and sent the separate samples in one envelope via certified mail to Carbondale for testing.

Forensic scientist Fella Johnson was qualified as an expert in the area of drug chemistry. She testified that when she received the samples, they were still closed and sealed. She then placed her “personal markings,” that is, case number C90 — 1617, on the packets, marked the samples as exhibits, dated them and placed her initials on them. Finally, she placed red evidence tape over the seals and put the samples in the laboratory vault. Within the next several days, Johnson removed the samples so they could be submitted to chemical analysis. Johnson testified that the seals had not been broken. Johnson performed a microscopic examination, a Duquenois-Levine test and a thin-layer chromotography test. Based on these tests, Johnson concluded that the samples of the green, leafy substance were cannabis. The sample taken from the baggie weighed .5 gram. The sample taken from the plastic container weighed .7 gram. Following the analyses, Johnson resealed the envelopes with red tape, placed her initials on the seal and returned the cannabis envelopes to the Equality police department. Officer Baker testified that the samples returned by the laboratory were in essentially the same condition as the day they were sent out, except upon return the envelopes were sealed with red evidence tape and had a writing on them with the notation “C901617.”

In March 1991, Officers Baker and Martin removed the plastic container from the evidence room and took it to the Lorretta Pharmacy in Shawneetown so that the contents of the container could be weighed. Pharmacist Sharon Higginson agreed to weigh the material in the container. The plastic jar was too bulky to be placed on the scales, so Higginson suggested the contents be placed in separate bags. Officer Baker emptied the contents of the container into a cardboard box. He then scooped the contents into four separate bags. Higginson weighed each bag and orally announced the weight, and Baker wrote the weight on a sticker placed on each bag. Baker testified that the combined weight of the substance contained in the bags was 123.25 grams. The bags were then placed inside the plastic container which was returned to the evidence room. Baker identified the plastic container as the one seized in the search of defendant’s home and stated that the material inside was in the same or substantially same condition as when found except that the leafy substance was now in plastic bags, rather than loose in the container. Officers Martin and McCabe testified to the same effect. Ms. Higginson testified that the bags and labels contained in the plastic jar looked like the bags and labels used when the substance was weighed at the pharmacy. However, she could not identify the bags with absolute certainty. The plastic container, with the four bags inside, was entered into evidence as People’s exhibit No. 2. One of the seized baggies was admitted as People’s exhibit No. 1, and the samples were admitted as People’s exhibits Nos. 4 and 5.

Following closing arguments, the court found defendant guilty of unlawful possession of cannabis and sentenced him to two years’ imprisonment. This appeal ensued.

Defendant first contends that the circuit court erred in denying his motion to suppress the evidence seized under the authority of the search warrant.

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Cite This Page — Counsel Stack

Bluebook (online)
607 N.E.2d 375, 239 Ill. App. 3d 698, 180 Ill. Dec. 481, 1993 Ill. App. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-payne-illappct-1993.