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People v. Cooke

October 06, 1998

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
KENNETH L. COOKE, DEFENDANT-APPELLEE.



The opinion of the court was delivered by: Justice McCULLOUGH

IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS

Appeal from Circuit Court of Mason County

Nos. 96CF135, 96CM396

Honorable M. Carol Pope, Judge Presiding.

The State appeals pursuant to Supreme Court Rule 604(a)(1) (145 Ill. 2d R. 604(a)(1)) from the order of the circuit court of Mason County quashing a search warrant and suppressing evidence in two cases against the defendant, Kenneth L. Cooke. In Mason County case No. 96-CF-135, defendant was charged in two counts with unlawful possession of a weapon by a felon and unlawful use of a weapon. 720 ILCS 5/24-1(a)(6), 24-1.1(a) (West 1996). In Mason County case No. 96-CM-396, he was charged in three counts with unlawful possession of a hypodermic syringe or needle, drug paraphernalia, and cannabis. 720 ILCS 635/1, 550/4(b) (West 1996). In the trial court, these cases were treated as consolidated cases, without objection, even though no specific order of consolidation is found in the record. The issues are whether (1) the affidavits filed in support of the complaint for search warrant sufficiently established probable cause; and (2) if probable cause to issue a search warrant was lacking, the evidence discovered in the subsequent search was nevertheless admissible under the good-faith exception to the exclusionary rule. We reverse and remand.

Defendant's motion to quash the search warrant and suppress evidence challenged the complaint for search warrant and the affidavit attached thereto as facially defective. The complaint for search warrant filed December 11, 1996, by Inspector Rod Boggs, of the Illinois State Police, read as follows:

"Complainant, Insp. Rod Boggs, of the Illinois State Police, State of Illinois, upon oath, complains to and informs said Court.

(1) That Complainant states facts contained in the attached Affidavit to support the complaint and to show probable cause for the issuance of the Search Warrant prayed for.

(2) That the following described place or person, or both, are to be the subject of the requested search; the residence of Kenneth L. Cooke located at 26197 Sandy Ridge Lane, Topeka, Mason County, Illinois. The residence can be described as a white mobile home with black trim setting on the north-south axis with an entrance located on the east side and a bay window on the north end of the mobile home. The mobile home is partially surrounded by a white stockade fence. This residence is the last residence located on the west side of Sandy Ridge Lane, approximately 1/4 of a mile east of Cactus Drive.

(3) That the following things are to be seized: Any and all cannabis and/or controlled substances, paraphernalia used in the packaging and/or private use and processing of cannabis and/or controlled substances including but not limited to triple beam scales, plastic bags, ties; razor blades, as well as any and all documents relating to the sale or distribution of cannabis and/or controlled substances, U.S. currency including but not limited to pre-recorded OAF listed in the Affidavit, firearms and ammunition, documents indicating residency.

WHEREFORE, complainant prays that a Search Warrant may issue according to law."

The supporting affidavit read:

"I, Insp. Rod Boggs, being first duly sworn under oath state as follows:

I have been a police officer for eight years and I am currently assigned to the Illinois ...


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