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12/20/96 PEOPLE STATE ILLINOIS v. ROBERT SIEGWARTH

December 20, 1996

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
ROBERT SIEGWARTH, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois. No. 95--CF--127. Honorable Robert A. Barnes, Jr., Judge Presiding.

Released for Publication January 24, 1997.

Present - Honorable William E. Holdridge, Presiding Justice, Honorable Tom M. Lytton, Justice, Honorable Michael P. McCUSKEY, Justice. Presiding Justice Holdridge delivered the Opinion of the Court. Lytton and McCUSKEY, JJ., concur.

The opinion of the court was delivered by: Holdridge

PRESIDING JUSTICE HOLDRIDGE delivered the Opinion of the Court:

Following a stipulated bench trial, defendant Robert Siegwarth was convicted of possession of cannabis (720 ILCS 550/4(e) (West 1994)). He was sentenced to a 30-month term of probation and 100 hours of community service. He also was ordered to pay a street value fine and costs.

The issue on appeal is whether the trial court erred in denying defendant's motion to quash the search warrant and suppress evidence. Defendant argues that: (1) the warrant was invalid for failure to specify items to be seized; and (2) the search of his room was unauthorized. We find that the trial court's denial of defendant's motion was not clearly erroneous. Accordingly, we affirm.

FACTS

On January 27, 1995, at 9:57 p.m., the Peoria police obtained a warrant to search for evidence of unlawful possession of cannabis. The warrant directed the officers to:

"search the person of Terry Sturgeon and the premises located at 2716 N. Peoria Ave., in the City of Peoria, County of Peoria, State of Illinois, and seize the following instruments, articles and things: [four lines of blank space] and related paraphernalia which have been used in the commission of, or which constitute evidence of the offense of Unlawful Possession of Cannabis."

Accompanying the warrant was an affidavit signed by an informant, Mary Doe, and a complaint for search warrant filed by Officer Chris Cates. Doe stated that she saw at least 10 pounds of marijuana, a triple beam scale and packaging material in the residence. Cates' complaint detailed his interview with Doe and described Terry Sturgeon, the house, and the material to be seized.

Approximately two hours after the warrant was issued, the police executed it. In an upstairs bedroom, the officers found several persons, including Terry Sturgeon and defendant's daughter, Janell Siegwarth. They also found approximately 15 pounds of cannabis, a triple beam scale and $36,400 in U.S. currency.

The door to a second bedroom was padlocked, and Janell informed one of the officers that it was defendant's room. After breaking the lock, the officers entered the bedroom. There, they found 11 live cannabis plants, 3 more drying on the floor and a bag of clippings from the plants. Defendant arrived at the residence shortly after the search. He had the key to the padlock in his possession.

In addition to the foregoing, it was stipulated that the house was rented by defendant and Janell, and that the plants and plant material removed from defendant's room weighed 646.4 grams and tested positive for cannabis. The record also contains a search warrant inventory affidavit signed by Special Agent Marvin Kenser. In it, Kenser states that he executed the warrant and that it directed him to seize the following items related to the offense of unlawful possession of cannabis:

"cannabis, U.S. currency, any records pertaining to ownership or to possession of, delivery of, or possession with intent to deliver cannabis, computers, computer ...


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