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People v. Pruitte

Court of Appeals of Illinois, Third District

June 24, 2019

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant,
v.
TYRAN S. PRUITTE, Defendant-Appellee. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant,
v.
DIONNIE T. NEAL, Defendant-Appellee.

          Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, Circuit Nos. 18-CF-149, 18-CF-150 Honorable Daniel D. Rippy, Judge, Presiding.

          JUSTICE O'BRIEN delivered the judgment of the court, with opinion. Justice McDade concurred in the judgment and opinion.

          OPINION

          O'BRIEN, JUSTICE

         ¶ 1 Following the Will County circuit court's order granting defendants' motions to quash the search warrant and suppress evidence, the State filed a certificate of impairment and notice of appeal. On appeal, the State argues the warrant-reviewing judge erred in granting defendants' motions. We affirm.

         ¶ 2 I. BACKGROUND

         ¶ 3 On January 17, 2018, Joliet narcotics agent Matthew Campos appeared before a Will County circuit judge and presented the following written complaint for a search warrant.

"1. Joliet Narcotics Agent Campos now appears before the undersigned Judge of the Circuit Court and request the issuance of a search warrant to search:
A. The following described property:
The premise located at 221 S. Hunter, Apartment #2S, Joliet, Will County, Illinois 60436, being a three story apartment building, with brown in color brick exterior, the number '221' above the brown in color exterior door, and the apartment located on the second floor at the south end of the building with the number '2S' clearly marked on the door.
2. Complainant requests a search warrant for the purpose of seizing the following described instruments, articles, and things: Heroin, other controlled substances, United States Currency, proof of residency, proof of identification, drug records, drug paraphernalia and any other evidence of unlawful possession of a controlled substance and unlawful possession of a controlled substance with intent to deliver.
3. The aforementioned instruments, articles and things have been used in the commission of or constitute evidence of the offense of unlawful possession of a controlled substance and unlawful delivery of a controlled substance.
4. Complainant has probable cause to believe, based upon the following facts, that the above listed things to be seized are now located upon the person and/or property set forth above:
5. Your complainant, Matt Campos, has been a Joliet police officer for over 4 years and is currently assigned to the Joliet narcotics unit. During the course of your complainant's career as a police officer, your complainant has participated in many major crime investigations. Your complainant has been involved [in] many drug investigations during the course of his employment as a police officer, including investigations involving firearms, confidential informants, and search warrants.
Within the past seven days your complainant spoke with a confidential source, hereafter referred to as Pat Doe. The information for this application is from Pat Doe, my own observations, other sworn law enforcement personnel, and records.
Pat Doe has had previous arrests for drugs, obstructing, robbery, forgery, traffic, obscenity, larceny, invasion of privacy, and vehicular invasion. Pat Doe is currently providing information for consideration of pending criminal charges and pending financial penalties.
While inside the residence located at 221 S. Hunter, Apartment #2S, Joliet, Will County, Illinois, being a three story apartment building, with brown in color brick exterior, the number '221' above the brown in color exterior door, and the apartment located on the second floor at the south end of the building with the number '2S' clearly marked on the door within the past seven days Pat Doe observed a M/B subject to be in possession of multiple baggies of heroin. Pat Doe told your complainant that the M/B FNU LNU[1] indicated the heroin was his property and that he was selling the heroin. Pat Doe has seen heroin on prior occasions and can recognize heroin by it's [sic] texture, color, and odor.
Your complainant with Pat Doe has identified the premise located at 221 S. Hunter, Apartment #2S, Joliet, Will County, Illinois 60436, being a three story apartment building, with brown in color brick exterior, the number '221' above the brown in color exterior door, and the apartment located on the second floor at the south end of the building with the number '2S' clearly marked on the door. Pat Doe has known the M/B FNU LNU that was in possession of the heroin to reside at the premise located at 221 S. Hunter, Apartment #2S, Joliet, Will County, Illinois 60436, being a three story apartment building, with brown in color brick exterior, the number '221' above the brown in color exterior door, and the apartment located on the second floor at the south end of the building with the number '2S' clearly marked on the door for over one month.
Therefore, your complainant believes probable cause exists for the issuance of a search warrant for the premise located at 221 S. Hunter, Apartment #2S, Joliet, Will County, Illinois 60436, being a three story apartment building, with brown in color brick exterior, the number '221' above the brown in color exterior door, and the apartment located on the second floor at the south end of the building with the number '2S' clearly marked on the door."

         In a supporting affidavit, dated January 17, 2018, Pat Doe averred

"1. That I wish my identity to be concealed because I fear reprisal from the M/B FNU LNU for providing information to narcotics agent Campos regarding 221 S. Hunter, Apartment #2S, Joliet, Will County, IL.
2. That I have provided the information to narcotics agent Campos contained in this complaint for Search Warrant; have read the complaint and all of the representations indicated in the complaint as having been made by me were made by me and are true and correct; and
3.That I am appearing personally before the Judge being asked to issue this Search Warrant and have identified myself to the Judge and indicated my name is fictitious."

         ¶ 4 On the same date, the judge signed Campos's complaint. The judge then signed and issued the following search warrant.

         "1. On this day, Tuesday, the 16th of January, 2018, [2] Joliet Narcotics Agent Campos, Complainant and affiant, have signed and sworn to a complaint for search warrant before me. Upon examination of the written complaint I find that said complaint on its face states facts sufficient to show probable cause for ...


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