Appeal from the Circuit Court of Cook County; the Hon. James
M. Bailey, Judge, presiding.
JUSTICE STAMOS DELIVERED THE OPINION OF THE COURT:
Following a bench trial, defendant, Jose Rodriguez, was convicted of possession of a controlled substance (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 1402) and sentenced to an 18-month period of probation. He contends on appeal that the trial court erred in quashing subpoenas which sought the production of documents relating to statements contained in an affidavit in support of a search warrant.
After the execution of a search warrant at their residence, defendant and his wife, Ida Rios, were charged with certain offenses involving controlled substances. The application of the search warrant was supported by the affidavit of Officer Clifford Berti, which contained the following representations regarding the reliability of an anonymous informant:
"I, Clifford Berti, a police officer for the City of Chicago for the last 15 years had occasion on 24 March '81 to meet with a reliable informant at the corner of Pulaski and Lawrence. I have known this informant for a period of 3 months and during this time he has provided me with information which has resulted in 3 Narcotic raids with 3 arrests. In all these raids Controlled Substances were recovered and submitted to the CPD Crime lab for analysis with positive results. All of these cases are still pending in Court."
The affidavit further related that the informant told Officer Berti that he had just left defendant's residence at 4016 West Belle Plaine in Chicago, where he purchased cocaine from a woman named Ida Rios.
The search warrant was issued that same day, and at 1 p.m. Officer Berti and five other officers conducted a search of defendant's residence. There they found a quantity of cocaine and marijuana, $25,000 and two weapons. The police then arrested defendant and Ida Rios, who arrived at the house while the search was being conducted.
Prior to trial, defense counsel caused subpoenas duces tecum to be served upon the keeper of the books and records of the Chicago Police Department, Detective Clifford Berti and the commanding officer of the Organized Crime Division of the Chicago Police Department, seeking production of the following documents:
"(1) Copies of all search warrants and relevant affidavits made by Detective Berti between January 1, 1979, and March 25, 1981;
(2) Copies of all documents, reports, etc., relevant to any narcotic raids conducted by Detective Berti between December 1, 1980, and March 25, 1981;
(3) Copies of all documents, police reports, etc., relating to any cases pending in the Circuit Court of Cook County where individuals were arrested by Detective Berti between December 1, 1980, and March 25, 1981; and
(4) Copies of all documents, reports, etc., relating to the Chicago Police Department Crime Labs analysis of any narcotics seized by Detective Berti during raids which resulted in arrests between December 1, 1980, and March 25, 1981."
Defense counsel also caused a subpoena duces tecum to be served upon the Felony Review Division of the Cook County State's Attorney's office seeking copies of all search warrants and relevant affidavits made by Detective Clifford Berti between January 21, 1979, and March 25, 1981.
The subpoenas were intended to ascertain the existence of any documents which would substantiate Officer Berti's representations regarding the reliability of his anonymous informant. At the court's invitation, defense counsel filed a motion in support of compliance of the subpoenas. Attached to the motion were the affidavits of defendant and Ida Rios denying the facts contained in Officer Berti's affidavit concerning the sale of narcotics to his informant on May 24, 1981. To substantiate her claim that she could not have made a narcotics sale on that date, Ida Rios attached to her affidavit various receipts and sales slips to establish her whereabouts that morning. The earliest receipt was from a doctor's appointment scheduled for 10 a.m.
The trial court granted the State's motion to quash the subpoenas on the grounds that defendants failed to make a substantial preliminary showing that Officer Berti made false statements ...