APPEAL from the Circuit Court of Rock Island County; the Hon.
DAVID J. MASON, Judge, presiding.
MR. JUSTICE HEIPLE DELIVERED THE OPINION OF THE COURT:
As a result of the execution of a search warrant in Rock Island County, defendant Gene Farnsworth was charged with unlawful possession of cannabis in violation of section 4(d) of the Cannabis Control Act. (Ill. Rev. Stat. 1979, ch. 56 1/2, par. 704(d).) The complaint for search warrant was supported by an attached affidavit executed by James Healy, a law enforcement officer of the Quad-City Metropolitan Enforcement group. Defendant filed a motion to quash the search warrant and to suppress the evidence seized pursuant thereto. This motion was allowed by the trial court and the evidence was suppressed. The People appeal.
Since the affidavit is the key element controlling the propriety of the issuance of the search warrant, we set it out here in full:
Comes now James Healy, hereinafter referred to as your affiant, and states and deposes as follows:
1. That your affiant is a law enforcement officer of Quad-City Metropolitan Enforcement Group.
2. That your affiant has received information from an ordinary citizen that amphetamines and marijuana are currently within a house at 1927 11th Street, Moline, Illinois, and that amphetamines and marijuana are being sold from said house. In support of said allegations, affiant states the following: that within the last forty-eight (48) hours prior to December 7, 1979, James Harris was given Forty-five and No/100 ($45.00) Dollars in United States currency and was taken to the area of 1927 11th Street, Moline, Illinois and purchased from one Duane Jacobs a quantity of purported marijuana and amphetamines. While in the residence, James Harris was told by Duane Jacobs that he expected to receive one (1) ounce of cocaine on December 7, 1979. James Harris left the residence, was picked up by the surveillance unit and handed over to agents a packet containing a substance which later was tested and shown to contain marijuana and amphetamines.
3. Before this purchase, James Harris was given United States currency for the purchase, was searched prior to receiving the money and then taken to the area of 1927 11th Street, Moline, Illinois where he was continually under surveillance thereafter. James Harris, after receiving the marijuana and amphetamines, immediately turned over the packet to agents from Quad-City Metropolitan Enforcement Group and again was researched with nothing being found.
Wherefore, your affiant believes there is probable cause that the above-listed items in the Complaint for Search Warrant are located in the residence at 1927 11th Street, Moline, Illinois, Rock Island County.
Further affiant sayeth not.
So far as the law applicable to this case is concerned, it is covered by the fourth amendment to the United States Constitution; by the United States Supreme Court cases of Aguilar v. Texas (1964), 378 U.S. 108, 12 L.Ed.2d 723, 84 S.Ct. 1509; Spinelli v. United States (1969), 393 U.S. 410, 21 L.Ed.2d 637, 89 S.Ct. 584; Franks v. Delaware (1978), 438 U.S. 154, ...