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People v. Brown

Court of Appeals of Illinois, First District, Third Division

March 31, 2015

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant,
v.
MILTRON BROWN, Defendant-Appellee

Appeal from the Circuit Court of Cook County. 11 CR 13619 . Honorable Noreen Valeria Love, Judge Presiding.

For APPELLANT, Cook County State's Attorney, Chicago, IL (Anita Alvarez, Alan J. Spellberg, Sari London, Joan F. Frazier, of counsel).

For APPELLEE, Law Office of Michael D. Walsh, Chicago, IL (Michael D. Walsh, of counsel).

JUSTICE MASON delivered the judgment of the court, with opinion. Presiding Justice Pucinski and Justice Hyman concurred in the judgment and opinion.

OPINION

MASON, JUSTICE.

Page 567

[¶1] Defendant-appellee Miltron Brown was indicted on multiple counts related to the possession of both a controlled substance and a weapon. Brown's motion to quash the search warrant and suppress evidence was granted. On appeal, the State contends that the trial court erred in granting the motion to quash the search warrant because the police officers' execution of the search warrant was protected under the good-faith exception to the exclusionary rule. We disagree and affirm the judgment of the circuit court of Cook County.

[¶2] BACKGROUND

[¶3] Brown filed two motions, one to quash his arrest and one to quash the search warrant. Separate suppression hearings were held on the two motions. The court denied Brown's motion to quash his arrest. At the hearing on the motion to quash the search warrant, Brown adopted the evidence previously presented at the hearing on the motion to quash his arrest.

[¶4] Evidence adduced at the two suppression hearings established that in the afternoon hours of July 25, 2011, Officer James Lazansky conducted surveillance on a specific unit in the apartment building at 7300 Ogden Avenue in Riverside, Illinois. The surveillance was in response to complaints regarding possible narcotics activity in unit 1F, the first-floor unit toward

Page 568

the front of the building. The complaints were general in nature and did not include a name or a description of an individual, but simply a description of the unit and unspecified suspected narcotics activity.

[¶5] Officer Lazansky observed Brown exit unit 1F from a rear door that was only connected to that unit and get into a tan Buick. While running a check on the vehicle registration, Officer Lazansky followed Brown to a nearby restaurant. After Brown left the restaurant and was returning to the apartment, Officer Lazansky received information that the vehicle was registered to Brown and that his driver's license had been suspended. Officer Lazansky activated his emergency lights and pulled Brown over in the driveway of the apartment building.

[¶6] While Officer Lazansky was standing outside the vehicle talking to Brown, he saw three pills in a clear plastic bag in the handle of the driver's door which he suspected were ecstasy. Brown was arrested and taken into custody. Officer Lazansky checked with the property manager for the ...


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