People v. Manzo
People v. Manzo
Opinion
¶ 1 Defendant, Jorge Manzo, Jr., contends that the circuit court erred in denying his motion to quash the search warrant and suppress evidence. We affirm.
¶ 2 FACTS
¶ 3 On June 11, 2009, Officer Jeremy Harrison filed a complaint for a warrant to search the person of Ruben Casillas, a black Ford Explorer, and a residence located at 701 West Marion in Joliet-defendant Manzo's residence. The complaint included the affidavit of Harrison in which he averred that he purchased cocaine from Casillas in an undercover capacity on three different occasions.
¶ 4 According to Harrison, the first transaction occurred on May 20, 2009. Harrison contacted Casillas to purchase cocaine. Casillas told Harrison to meet him at Gonzalez Supermarket. When the two met at the supermarket, Harrison observed Casillas walking away from a black Ford Explorer. Harrison and Casillas met inside the store where the two exchanged cash for the narcotics. Casillas then exited the store and left in the black Ford Explorer. Harrison later discovered that the vehicle was registered to Leticia Hernandez, a known associate of Casillas, at 701 West Marion.
¶ 5 On May 28, 2009, Harrison again contacted Casillas to purchase cocaine. Casillas directed Harrison to meet him at Stang Kelly Liquors store. The two met inside the store and exchanged cash for the narcotics.
¶ 6 The third transaction occurred on June 8, 2009. Harrison contacted Casillas through text messages to again purchase cocaine. During the text message conversation, two other officers conducted surveillance at 701 West Marion (the residence where the black Ford Explorer was registered). The two other officers observed Casillas leave the residence after he directed Harrison to meet him at Stang Kelly Liquors store. The two officers conducted uninterrupted surveillance of Casillas as he walked to the store. As Casillas walked, he contacted Harrison again to change the meeting place to Martinez Grocery Store. The two met inside the store and exchanged money for narcotics. The complaint did not indicate whether officers observed Casillas return to the residence.
*896 ¶ 7 According to the complaint for the search warrant, field tests of the narcotics Casillas provided Harrison all indicated the presence of cocaine.
¶ 8 The warrant application also stated that Harrison positively identified Casillas from an Illinois driver's license photograph, and that "[l]aw enforcement records show Ruben J. Casillas as an associate of Leticia Hernandez who resides at 701 West Marion St., in Joliet ***." Harrison attested that he believed probable cause existed to search Casillas, the black Ford Explorer, and the residence located at 701 West Marion. Officers sought any evidence of unlawful possession of a controlled substance with or without intent to deliver, cocaine, currency, proof of residency and identification, drug packaging, and drug paraphernalia.
¶ 9 The warrant judge issued the search warrant the same day the complaint was filed. Police searched the residence and recovered, among other things, cocaine and a handgun. Both items were found in the master bedroom closet. The search of Casillas and the black Ford Explorer are not relevant to this appeal.
¶ 10 The State charged defendant with unlawful possession of a controlled substance with intent to deliver ( 720 ILCS 570/401(a)(2)(B) (West 2008)), and unlawful possession of a weapon by a felon ( 720 ILCS 5/24-1.1(a) (West 2008)).
¶ 11 Prior to trial, defendant filed a motion to quash the search warrant and suppress the evidence. The motion alleged that the complaint for the search warrant failed to establish probable cause to conduct a search of the residence, which led to defendant's arrest and the seizure of evidence. Specifically, defendant asserted that the warrant was unsupported by any evidence that one or more of the transactions took place at the residence, that the police observed illegal activity at the residence, or that Casillas sold contraband or conducted other illegal activity at the residence. In addition, the motion argued that the police failed to seek or find any corroborating information to verify that Casillas lived at the residence.
¶ 12 Following extensive proceedings on the issue, the circuit court found the warrant established probable cause to believe there was a reasonable likelihood that contraband would be found in the residence. Therefore, the court denied defendant's motion to quash the search warrant and suppress evidence.
¶ 13 The cause then proceeded to a jury trial. The jury found defendant guilty of unlawful possession of a weapon by a felon but acquitted him of unlawful possession of a controlled substance with intent to deliver. The circuit court sentenced defendant to 36 months' probation.
¶ 14 ANALYSIS
¶ 15 On appeal, defendant contends the circuit court erred in finding probable cause to issue the warrant to search his residence. 1 Defendant contends the complaint for the search warrant did not establish probable cause because it failed to show a nexus between Casillas's illegal activities and defendant's residence. In other words, defendant asserts probable cause was lacking because the warrant did not include any information or observations connecting Casillas's illegal activity to defendant's residence. Upon review, we find the warrant judge had a substantial basis for finding probable cause to believe that evidence of Casillas's illegal activities *897 would be found in defendant's residence. Therefore, we hold the circuit court did not err when it denied defendant's motion to quash the search warrant and suppress evidence.
¶ 16 Initially, we note that as a reviewing court, it is not our function to substitute our judgment for that of the warrant judge.
People v. Sutherland
,
¶ 17 In determining whether probable cause for a search warrant exists, there must be a sufficient nexus between a criminal offense, the items to be seized, and the place to be searched.
People v. Beck
,
¶ 18 Here, Harrison's affidavit showed that officers observed Casillas leave defendant's residence while communicating with Harrison to set up an imminent drug transaction. While under uninterrupted surveillance, Casillas walked from the residence to the location of the drug transaction. During a different transaction, Casillas was seen using a black Ford Explorer registered to defendant's residence. The vehicle was registered to Leticia Hernandez, who resided at the same residence as defendant. Although the affidavit lacked any information that showed Casillas resided at the residence, such information is not necessary. The critical question is whether the affidavit established a fair probability that evidence of Casillas's activity would be found in defendant's residence. See
Hickey
,
¶ 19 In reaching this conclusion, we reject defendant's reliance on
People v. Lenyoun
,
¶ 20 In
Lenyoun
, a police officer first obtained a warrant to search defendant's person and his vehicle based on the observation of defendant leaving his residence on three occasions before meeting an individual on a street and exchanging an item for money.
Id.
at 788,
¶ 21 The circuit court granted defendant's motion to quash the search warrant and suppress evidence, finding that the complaint for the search warrant lacked sufficient specificity to justify a search of the residence.
¶ 22 The nexus absent in Lenyoun is present in the instant case. Unlike Lenyoun , which involved only one transaction, Harrison conducted three undercover purchases from Casillas. On one occasion, officers observed Casillas leave the residence to sell Harrison cocaine. The officers' constant surveillance established that Casillas left the residence and sold cocaine to Harrison without making any stops before the transaction. Further, Casillas was seen using a vehicle registered to the residence to conduct a separate drug transaction.
¶ 23 CONCLUSION
¶ 24 The judgment of the circuit court of Will County is affirmed.
¶ 25 Affirmed.
Justice Lytton concurred in the judgment and opinion.
Justice O'Brien dissented, with opinion.
¶ 26 JUSTICE O'BRIEN, dissenting.
¶ 27 The majority holds that the circuit court did not err when it denied defendant's motion to quash the search warrant and suppress evidence. Supra ¶ 15. In its holding, the majority finds that the warrant judge had a substantial basis for finding probable cause to believe that evidence of Casillas's illegal activities would be found in defendant's residence. Id. I dissent.
¶ 28 Here, there are only two allegations within the complaint that have any reference to the residence in question. The first *899 allegation shows that Casillas used Leticia Hernandez's vehicle (which was registered to the residence) to arrive at one of the three transactions. The other allegation shows that Casillas was seen leaving the residence prior to one of the three transactions. Noticeably absent from the complaint are any allegations that Casillas lived in the residence, stored the narcotics in the residence, or conducted any drug transactions inside the residence. The three alleged transactions occurred over a period of 19 days (May 5 to June 8, 2009). At best, the complaint established that Casillas was an acquaintance of the owners of the residence. It did not establish a nexus to believe evidence of Casillas's illegal activities would be found in the residence. I would therefore find that the complaint for the search warrant failed to provide the warrant judge with a substantial basis to find probable cause to search defendant's residence.
¶ 29 The majority reaches the opposite conclusion. In making this determination, the majority rejects defendant's reliance on
Lenyoun
,
¶ 30 In contrast to this case, the warrant application in
Lenyoun
contained more information connecting defendant to the residence in question-the police observed him leave the residence multiple times before three purported drug transactions (one of which was a cocaine transaction on a public street).
Lenyoun
,
¶ 31 The complaint for the search warrant in this case included even less information connecting Casillas's illegal activity to the residence in question. Casillas's driver's license did not list the residence, and the police only observed defendant leave the residence before one transaction. Additionally, Casillas was seen leaving the vehicle registered to the residence (under Leticia Hernandez) before only one transaction. Critically absent from the complaint are any allegations as to how often Casillas drove the vehicle, how long (if at all) Casillas stayed at the residence, or whether Leticia Hernandez had any connection to Casillas's illegal activity. Like the court in Lenyoun , I would find that the "bare bones" affidavit in support of the search warrant failed to establish a nexus connecting Casillas's illegal activity to the residence. Therefore, I would hold that the circuit court erred in denying defendant's motion to quash the search warrant and suppress evidence.
Defendant does not challenge the validity of the warrant as to the search of the vehicle or Casillas.
Reference
- Full Case Name
- The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jorge MANZO, Jr., Defendant-Appellant.
- Cited By
- 2 cases
- Status
- Unpublished