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People v. Teague

Court of Appeals of Illinois, Third District

October 24, 2019

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
DARNELL E. TEAGUE, Defendant-Appellant.

          Appeal from the Circuit Court of the 14th Judicial Circuit, Rock Island County, Illinois. Appeal No. 3-17-0017 Circuit No. 15-CF-753 The Honorable Norma Kauzlarich, Judge, presiding.

          Nate Nieman, of Moline, for appellant.

          John L. McGehee, State's Attorney, of Rock Island (Patrick Delfino, Lawrence M. Bauer, and Stephanie Raymond, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

          JUSTICE McDADE delivered the judgment of the court, with opinion. Presiding Justice Schmidt and Justice Holdridge concurred in the judgment and opinion.

          OPINION

          McDADE JUSTICE

         ¶ 1 The defendant, Darnell E. Teague, was convicted of two counts of unlawful possession of a controlled substance with the intent to deliver (720 ILCS 570/401(a)(2)(B), (c)(1) (West 2014)) and was sentenced to concurrent 10-year prison terms. On appeal, Teague argues that the circuit court erred when it denied his pretrial motion to suppress evidence. We affirm.

         ¶ 2 FACTS

         ¶ 3 On September 30, 2015, Sergeant Ramsey of the East Moline Police Department sought and obtained search warrants for Teague, a car, and his residence. Ramsey's affidavit stated, inter alia, that (1) a confidential source told him that Teague was involved in distributing cocaine; (2) Ramsey and another detective had set up a controlled purchase of cocaine by the confidential source from Teague; (3) the confidential source called Teague and set up the buy, which took place in the 100 block of 41st Avenue in East Moline; (4) the two detectives surveilled the residence at 1950 3rd Street in East Moline and watched Teague leave that residence in a dark gray Chevrolet Impala; (5) the other detective followed Teague, who drove to the 100 block of 41st Avenue; (6) the other detective watched the confidential source purchase cocaine from Teague, who drove off; (7) Teague had listed 1950 3rd Street as his residence in 2013; (8) the dark gray Chevrolet Impala was registered to Stephanie A. Johnston, who had previously listed her residence in 2014 as 1950 3rd Street; and (9) in 2013, a domestic battery incident occurred in which Teague was the offender and Johnston, who said Teague was her boyfriend, was the victim.

         ¶ 4 In addition, Ramsey's affidavit stated:

"It has been the experience of [Ramsey] that person(s) who use, produces [sic], sell or distribute cannabis, and/or other controlled substances often possess firearm and hide or store cannabis and/or other controlled substances and the money derived from the sale of cannabis, and/or other controlled substances in their residence, garages, and motor vehicles, and often maintain drug records and financial records pertaining to the use and/or sale of cannabis, and/or other controlled substances in their residence, garages, electronic devices, and motor vehicles including packaging material, firearms, firearm ammunition, cell phones, indicia of residency, scales, drug paraphernalia, United States currency, and police scanners."

         Finally, the affidavit stated that Ramsey believed "that he has shown that there is probable cause to believe that the items stated in the complaint for search warrant are located at 1950 3rd Street."

         ¶ 5 The search warrant for 1950 3rd Street was executed on October 1, 2015, resulting in the seizure of, inter alia, suspected narcotics (cocaine, heroin, and cannabis), a digital scale with suspected cocaine residue, packaging materials, a drug cutting agent, drug paraphernalia, $550 in United States currency, and two cell phones. Nothing was found in the dark gray Chevrolet Impala or on Teague's person. As a result of the seizures, the State charged Teague with two counts of unlawful possession of a controlled substance with the intent to deliver (id.).

         ¶ 6 On February 24, 2016, Teague filed a motion to suppress evidence, alleging that the controlled buy that took place in the 100 block of 41st Avenue did not provide probable cause to search his residence at 1950 3rd Street. After a hearing, the circuit court took the matter under advisement.

         ¶ 7 The circuit court announced its ruling in court on April 15, 2016. The court found that there existed facts to support a reasonable inference that narcotics were at his residence at 1950 3rd Street; specifically, the confidential source's tip that Teague was involved in distributing cocaine and the observation of Teague leaving the residence at 1950 3rd Street and ...


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