APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION
511 N.E.2d 824, 158 Ill. App. 3d 602, 110 Ill. Dec. 647 1987.IL.1029
Appeal from the Circuit Court of Cook County; the Hon. James M. Schreier, Judge, presiding.
JUSTICE BILANDIC delivered the opinion of the court. SCARIANO, P.J., and HARTMAN, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BILANDIC
At a bench trial, defendant Carol E. Allen was found guilty of possession of cocaine without intent to deliver (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 1402(b)), and possession of cannabis (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 704(e)). Defendant was sentenced to a term of two years, three months in the Illinois Department of Corrections and fined $1,350.
On appeal, defendant contends she was entitled to an evidentiary hearing on her motion to quash a search warrant since her affidavit sufficiently alleged deliberate falsehood in the affidavit for the warrant. She further contends that disclosure of the informer and informer's friend, whose information was used to support the search warrant, was improperly refused.
A search warrant was issued on December 17, 1984, at 11:18 a.m., based upon a complaint attested to by Officer Goff of the Chicago police department. The affidavit for the search warrant stated in relevant part that he received information from a reliable informant on December 17, 1984, who:
"[Related] to me that on 17Dec84 he was in a house at 300 East 87th St. Chgo. Cook Ill. and that while in that house, he along with a friend of his each purchased a one gram bag of cocaine from a subject who my CI [confidential informant] described to me as being 'SAM' a male black approx. 55 yrs. 5'9 170 lbs. gray-blk. hair and brn. eyes and who lives in that house. My CI told me that after he and his friend entered the house at 300 East 87th St. Chgo. Cook Ill. Sam introduced himself to my CI and told my CI the prices for different size bags of cocaine. My CI along with his friend each gave SAM one hundred dollars usc. [United States currency] and SAM in return reached into a clear plastic bag containing numerous small white envelopes all of which were packaged the same and of the same color and size and randomly selected two of the packets and handed one to each my CI and my CI's friend. They then left the house at 300 East 87th St. Chgo. Cook Ill. and SAM was still inside and in possession of the other white paper packets like the one my CI and his friend purchased from SAM for $100.00 usc. on 17DEC84."
Assuming the accuracy of the information in Officer Goff's affidavit, between 12:01 a.m. and 11:18 a.m. on December 17, 1984, three persons other than the defendant were in defendant's home engaged in illegal narcotics activity, namely Sam, the informer, and the informer's friend.
The defendant denied the allegations of Officer Goff's affidavit, moved to quash the search warrant and to suppress the evidence, and submitted her own affidavit which stated:
"3. Between the hours of 12:01 a.m. and 11:18 a.m., December 17, 1984, no one was in the home of affiant located at 300 East 87th Street, Chicago, Illinois, other than affiant.
4. Specifically, on December 17, 1984, between the aforesaid hours there was no person named 'SAM' in affiant's home; there was no 'male black approximately 55 years, 5'9", 170 pounds, gray and black hair, brown eyes' in affiant's home; in fact, there was no man or woman other than affiant in said home.
5. Specifically, on December 17, 1984, no person at affiant's home, including affiant, sold, gave away, transferred, delivered, a gram bag of cocaine to any person or persons at said home; nor did any person at said home reach into a clear plastic bag containing numerous small white envelopes all of which were packaged the same and of ...