Appeal from the Circuit Court of Kane County. No. 10-CF-2325 Honorable James C. Hallock, Judge, Presiding.
Nischal Raval, of Morelli & Raval, of Aurora, for appellant.
Joseph H. McMahon, State's Attorney, of St. Charles (Lawrence M. Bauer and Diane L. Campbell, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
JUSTICE JORGENSEN delivered the judgment of the court, with opinion. Presiding Justice Schostok and Justice Birkett concurred in the judgment and opinion.
[¶1] After a bench trial, defendant, Jaime L. Valle, was convicted of unlawful possession of cocaine with the intent to deliver (720 ILCS 570/401(a)(2)(A) (West 2010)) and sentenced to six years' imprisonment. On appeal, he contends that the trial court erred in denying his motion to quash his arrest and suppress evidence. Defendant argues that the police exceeded the scope of the warrant that authorized the search leading to the evidence of his offense. We affirm.
[¶2] Defendant was charged with unlawful possession of cocaine with intent to deliver and unlawful possession of cocaine (720 ILCS 570/402(a)(2)(A) (West 2010)). His motion to quash his arrest and suppress evidence alleged that, on March 23, 2010, while executing a search warrant, police seized evidence from a detached garage at 216 South East Avenue in Aurora. Defendant and his mother, Celia Valle, lived in the house at that address. The motion contended that the search of the garage exceeded the scope of the warrant, which was limited to the house.
[¶3] The warrant, issued by Judge Leonard Wojtecki, read:
" On this day, March , 2010, Complainant [Officer Steven Stemmet] has signed and sworn to a complaint for search warrant before me. Upon examination of the complaint, I find that it states facts sufficient to show probable cause and I therefore command that the following person(s), place(s), or thing(s):
* The person of Jaime Luis Valle Male Hispanic Date of Birth 06/08/75, approximately 6'04" 315 lbs. black hair brown eyes.
* 216 S. East Av. Aurora, Kane County, IL 60505 described as a two story split level single family residence that is light blue in color with white trim. The front door to the residence is white in color with windows and faces west. There is white screen door [ sic] with windows. There are several concrete steps, with white wrought iron railings, leading to the front door. The numerals '216' appear in black to the right of the front door. The residence has two driveways. One is in the northwest section of the yard, and the other runs along the east (rear) of the residence. The east drive leads to a large detached garage that is light blue in color with a white garage door. There is tall white fence [ sic] in the yard. The structure is located on the northeast corner of S. East Av. and North Av. in Aurora, Kane County, Illinois; be searched and the
following instruments, articles, or things which have been used in the commission of, or which constitute evidence of the offense of Unlawful Delivery of Controlled Substance in violation of 720ILCS570/401 [ sic] be seized therefrom.
(1) any and all substances containing cocaine;
(2) any and all documents and United States Currency relating to the purchase, sale, or distribution of cocaine, or in the proximity of any material possibly containing cocaine;
(3) any and all paraphernalia including scales, relating to the usage, sale, or distribution of cocaine;
(4) any and all electronic devices, computers, and computer equipment, related to the usage, sale, or distribution of cocaine;
(5) any and all evidence of drug co-conspirators, including photographs, ...