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07/17/87 the People of the State of v. Christopher J. Bohan Et Al

July 17, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

CHRISTOPHER J. BOHAN ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

511 N.E.2d 1384, 158 Ill. App. 3d 811, 111 Ill. Dec. 89 1987.IL.1007

Appeal from the Circuit Court of Lake County; the Hon. Bernard E. Drew, Jr., Judge, presiding.

APPELLATE Judges:

JUSTICE REINHARD delivered the opinion of the court. UNVERZAGT and WOODWARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE REINHARD

The State appeals pursuant to Supreme Court Rule 604(a)(1) (107 Ill. 2d R. 604(a)(1)) from the trial court's orders granting the motion of defendant, Christopher J. Bohan, to quash search warrant and to suppress evidence illegally seized and the separate motion of a codefendant, Theodore S. Costa, to quash arrest and suppress evidence. The State's appeals were consolidated by this court.

Defendants were jointly indicted for unlawful possession of cannabis with intent to deliver (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 705(e)), unlawful possession of cannabis (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 704(e)), unlawful manufacture of cannabis (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 705(e)), and unlawful delivery of cannabis (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 705(e)). Defendant Bohan was also charged with possession of a firearm or firearm ammunition without a firearm owner's identification card (Ill. Rev. Stat. 1985, ch. 38, par. 83-2(a). Bohan filed a motion to quash search warrant and to suppress evidence while Costa filed a motion to quash his arrest and suppress evidence. A joint hearing was held on these motions together with the motions to suppress evidence filed by two other co-defendants in the indictment who are not parties to this appeal. The motions of the other two defendants were denied.

Testimony at the hearing relevant to the motions filed by Bohan and Costa was as follows. Defendant Costa testified that in the afternoon of May 30, 1985, he was a passenger in a 1980 Toyota owned and operated by Bohan when the State police stopped them. An officer approached and asked for identification. After Costa produced his driver's license, the officer asked Costa to step out of the truck, place his hands on the back of the truck, and spread his legs. Costa complied with the officer's request. The officer frisked him, handcuffed him, put him into a squad car, and drove him back to Bohan's house. The officer did not show him an arrest warrant or a search warrant, and he was not committing a crime.

Trooper Charles R. Allen, an Illinois State Police officer, testified that at 8:30 a.m. on May 30, 1985, while serving as the desk officer, he answered a telephone call from an anonymous male who asked to speak to Sergeant Alexander or Sergeant Mason. Allen told the caller that neither officer was available. The person refused to leave his name and telephone number. The caller then told Allen that the "bust" that Mason and Alexander had made the day before was "small potatoes" compared to what could be found at a place in Lake County. The caller described three buildings located in Lake County near Munson Marine on the east side of the road, and he indicated that he knew that there were 300 pounds of marijuana and one-half pound of cocaine in the buildings and that the marijuana was about to be moved. The caller mentioned that a person named "Chris" lived there or used the premises, that "Chris" drove a Toyota pickup truck, and that he (the caller) knew someone involved in the previous day's "bust." The caller refused to give Chris' last name because he said he was afraid someone would find out who he was and would hurt him. Allen contacted Sergeant Mason and gave him the information about 15 minutes later. Allen indicated that he was unaware that Alexander and Mason had made a "bust" on May 29, 1985, until the caller informed him of it.

James Murray, a special agent for the Department of State Police, testified that on May 30, 1985, he was ordered to conduct a surveillance on a house just south of Munson Marine on the east side of Route 12. The house was one of three buildings on the property, the other two being a garage and another outbuilding. When Murray arrived, he saw a red Ford Mustang and a gray Toyota pickup truck in the driveway. He watched the house from 9:30 a.m. until a warrant was served at approximately 4:15 p.m. During the morning, he saw a white female arrive in a green Buick. She stayed in the house for approximately one-half hour. During this time, Murray knocked on the door but no one answered. At approximately 2:40 p.m., Murray saw a white male leave in the gray pickup truck, drive to a gas station, and then return about 10 minutes later. At approximately 4:05 p.m. on that same day, he saw two males whom he could not identify leave the residence in the pickup truck. The special agent testified that the address of the residence was not visible on the home. He previously had called in the license plate numbers of the vehicles to Sergeant Mason. He saw no illegal activity.

Illinois State police officer Richard Mason testified that after the anonymous caller telephoned Trooper Allen, Allen told Mason of the conversation. Mason then went to talk with an assistant State's Attorney. Trooper Allen had told Mason that the caller gave him a license plate number of a vehicle belonging to "Chris," and, according to Mason, a check of that number revealed that the license plate was registered to Christopher Bohan at an address on Route 12 in Round Lake. Special Agent Murray confirmed that the vehicle bearing the license place number was then parked at that address. Mason ran a check on the two other vehicles parked there and found that they were both registered to Theodore Costa of Wauconda.

At approximately 3:40 p.m., Mason and Alexander left for Bohan's residence to serve a search warrant. However, they proceeded to an area where Bohan had been stopped in his vehicle. Mason served Bohan with a copy of the search warrant and then read it to him. According to Mason, Costa was handcuffed and put into a squad car. Mason took Bohan back to his residence. The search warrant covered three buildings, the grounds, Bohan's pickup truck, Costa's Mustang, and Bohan's person. Mason admitted that at the time the search warrant was prepared they had no reason to suspect Ted Costa.

The next witness, James Griffith, testified that he was a trooper pilot with the Illinois State Police, and he watched Bohan's residence on May 30, 1985. He testified that he saw two men leave the residence about 4 p.m., and the two men put two large boxes into the pickup truck. They then got into the truck and drove off.

The State's last witness was Trooper Roger Schmidt. Trooper Schmidt testified that he was told warrants had been signed and that the subjects had been seen taking stuff out of a truck and putting it into a nearby dumpster. Schmidt was told to keep Bohan's pickup truck within eyesight, and he followed it down Route 12. Schmidt testified that the vehicle began changing lanes without signaling and that the windshield of Bohan's truck was broken. Schmidt pulled the truck over for those traffic violations, and he issued a warning ticket. While he was writing the warning, he was notified that he should detain the vehicle. The passenger, Costa, had not broken any law that he observed. Sergeant Alexander and Sergeant Mason arrived, and they served the warrant on Bohan. According to ...


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