People v. Caro

SUPREME COURT CASES

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People v. Caro

State: Illinois

Court: 1st District Appellate

Docket No: 1-07-0271 Rel

Case Date: 04/03/2008

Preview:FOURTH DIVISION April 3, 2008

No. 1-07-0271 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RAUL CARO, Defendant-Appellee. ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County. No. 05 CR 1664 Honorable Henry R. Simmons, Judge Presiding.

JUSTICE O'BRIEN delivered the opinion of the court: Defendant, Raul Caro, was charged with one count of unlawful use of a weapon. After a hearing, the circuit court granted defendant's motion to quash the search warrant and suppress evidence pursuant to Franks v. Delaware, 438 U.S. 154, 57 L. Ed. 2d 667, 98 S. Ct. 2674 (1978). The State appeals. We affirm. On December 22, 2004, Officer Federico Andaverde submitted a complaint and affidavit for a search warrant to the circuit court. In the complaint, Officer Andaverde stated that on December 22, 2004, he had a conversation with a John Doe who related to him that defendant sells cocaine to members of the Spanish Cobras street gang. John Doe also related that on December 21, 2004, he went to the basement apartment at 1401 N. Hamlin Avenue, where he was met at the door by defendant and allowed into the apartment. John Doe had a conversation with defendant concerning the purchase of some cocaine. After the conversation, defendant walked into a front bedroom and then returned shortly afterwards with a large clear plastic bag that contained over 200 smaller plastic bags, each containing a white powder substance.

No. 1-07-0271 Defendant reached into the bag and randomly removed three of the smaller bags of white powder substance and handed them to John Doe in exchange for $30. John Doe left the apartment, went to a different location, and snorted the contents of one of those bags. John Doe reported that he received "the same high" as he previously received from snorting cocaine. The complaint further stated that Officer Andaverde ran defendant's name in the Secretary of State's database, revealing that defendant had three vehicles registered in his name at 1401 N. Hamlin Avenue. Officer Andaverde showed a photograph of defendant to John Doe, and Doe identified defendant as the person who had sold him the cocaine on December 21, 2004, from the basement apartment located at 1401 N. Hamlin Avenue. Officer Andaverde brought Doe to 1401 N. Hamlin Avenue and Doe stated, "that is where I bought my [c]ocaine from yesterday and have been buying cocaine from for at least the past two months." Officer Andaverde walked up to the building at 1401 N. Hamlin Avenue and observed defendant's name on the door. He also stated that he observed one of defendant's registered vehicles parked just south of 1401 N. Hamlin Avenue. On December 22, 2004, Officers Andaverde and Angel Amador brought John Doe before Judge Biebel. Judge Biebel interviewed John Doe for approximately 10 minutes regarding the truthfulness of the facts contained within the search warrant and then swore John Doe to the facts contained within the search warrant. Judge Biebel issued the search warrant at approximately 5:20 p.m. on December 22, 2004. The search allegedly recovered a shotgun with a barrel measuring less than 18 inches, and defendant was charged with unlawful use of a weapon with regard thereto. Defendant was not

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No. 1-07-0271 indicted for any drug-related offenses. On January 18, 2006, defendant filed a motion to suppress evidence pursuant to Franks. In support, defendant included his own affidavit and those of his two roommates. In defendant's affidavit, he stated that he had lived at 1401 N. Hamlin Avenue for approximately 14 years. He was employed by Curial Management as an apartment manager and had been so employed for several years; he also renovated buildings. His roommates were his brother, David Caro, and a friend, Pedro Santiago. Defendant stated that on December 20, 2004, he went to sleep at approximately 10 p.m. His roommates also were present in the apartment that night and no one else came into the apartment that evening. He woke up for work the next morning, December 21, 2004, at 6:30 a.m. and left the apartment at approximately 7 a.m. He went to a building at 3960 W. Grand Avenue, where he worked that day installing drywall. He went home at approximately 7:30 p.m. His roommates were home when he arrived, he ate dinner, watched television, and went to bed. Defendant stated that no one came to his apartment on the night of December 21, 2004. Defendant denied that he sold cocaine or any narcotics to anyone in his apartment or at any other location on December 21, 2004. He stated that he never sold or used narcotics. Defendant's brother, David Caro, stated in his affidavit that he lived in the apartment at 1401 N. Hamlin Avenue for 12 years. He was a machine operator for Olympic Oil, and had been employed there for 17 years. He stated that on December 20, 2004, he went to bed in the early evening and that no one came into the apartment except for defendant and the other roommate. He woke up for work at 3:30 a.m. on December 21, 2004, and left the apartment at 4 a.m. He worked until 1:30 p.m. and arrived back to an empty apartment at approximately 2 p.m. His

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No. 1-07-0271 roommate, Pedro Santiago, arrived home at approximately 4 p.m., and the two of them cooked dinner and watched television until approximately 7 or 7:30 p.m., when David went to bed. At approximately 8 p.m., he heard defendant enter the apartment, watch some television, and then go to bed. David stated that while he was in the apartment on December 21, 2004, he did not see defendant or anyone else sell cocaine to anyone. Other than defendant and Pedro, he did not see anyone else in the apartment on December 21, 2004. He further stated that prior to December 21, 2004, he had never seen defendant use or sell cocaine or other drugs to anyone in their apartment or at any other location. Pedro Santiago stated in his affidavit that he had lived in the apartment at 1401 N. Hamlin Avenue for 14 years. He was a laborer for Lakewood Company, a fan manufacturer, and had been employed there for 17 years. Pedro stated that on the evening of December 20, 2004, he and his roommates were alone in the apartment. He went to bed that evening and woke at 6:15 a.m. the following day for work. He left for work at 6:45 a.m. and returned home at 4 p.m. David Caro was present when he arrived home. Pedro and David made dinner and watched television. Pedro stated that defendant came into the apartment as he was getting ready to go to bed. Pedro stated that no one, other than his two roommates, was present with him in the apartment on December 21, 2004. While he was in the apartment on December 21, 2004, Pedro did not see defendant or anyone else sell cocaine to anyone. He also stated that prior to December 21, 2004, he had never seen defendant use or sell cocaine or other drugs to anyone in their apartment or at any other location. On May 4, 2006, the circuit court granted defendant's request for a Franks hearing. At the

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No. 1-07-0271 hearing, the following evidence was adduced. On December 22, 2004, Officers Andaverde and Amador had a conversation with a John Doe informant, who was referred to them by other police officers. Neither Officer Andaverde nor Officer Amador had ever worked with the John Doe informant before. John Doe informed the officers that on the previous day, December 21, 2004, he purchased three bags of narcotics from defendant. John Doe told the officers that defendant had a large knotted bag containing 200 smaller packets of cocaine. John Doe provided the officers with defendant's name, address, and description. To verify the information given by the John Doe, Officer Andaverde went to the address provided and saw that the name on the doorbell matched defendant's name. The parties stipulated that the officers did not conduct a controlled buy, surveillance or any further investigation as to narcotics sales at 1401 N. Hamlin Avenue. On December 22, 2004, Officer Andaverde took John Doe to the address at 1401 N. Hamlin Avenue, where he identified it as the house where he had purchased narcotics. The officer also obtained a photograph of defendant from the Secretary of State's database and showed it to John Doe. The complaint for search warrant included defendant's name, age, date of birth, height, weight, eye color, hair color, complexion, social security number and driver's license number. The officers stated that they learned the name, height, weight and physical description from John Doe, and that they obtained the social security number, driver's license number and date of birth from the Secretary of State's database. Officer Andaverde stated that on December 22, 2004, he and Officer Amador brought

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No. 1-07-0271 John Doe before Judge Biebel. Judge Biebel interviewed John Doe for approximately 10 minutes regarding the truthfulness of the facts contained within the search warrant, and swore him to the facts contained within the search warrant. Judge Biebel thereafter granted the warrant. The common law record reveals that on December 22, 2004, the officers executed the warrant at the basement apartment at 1401 N. Hamlin Avenue.. From the apartment, the police recovered a shotgun with a barrel measuring less than 18 inches. Defendant's brother, David Caro, testified that he lives at 1401 N. Hamlin Avenue. He stated that on December 21, 2004, he woke up at 3:30 a.m. and left for work at 4 a.m. He testified that between the time he woke up and left for work, nobody came to the apartment. When he left for work, defendant was still in the apartment. When David arrived home at approximately 2 p.m., nobody else was there. Pedro arrived home at approximately 4 p.m. David and Pedro ate dinner and watched television. David went to sleep at 7 p.m. He heard defendant come home at approximately 7 or 7:30 p.m. and did not hear anyone else come into the apartment that evening. He did not see defendant selling drugs to anyone in the apartment on December 21, 2004, and he has never known defendant to sell drugs. Pedro Santiago testified that he had been living at 1401 N. Hamlin Avenue for 14 years. On December 21, 2004, he woke up at 6 a.m. and left for work at 6:30 a.m. He arrived home at approximately 4:30 p.m. David Caro was in the apartment when he arrived home. He and David made something to eat. David went to bed at approximately 7:15 p.m. and Pedro went to bed at approximately 8 p.m. Pedro heard defendant arrive home at approximately 8 p.m. and did not hear anyone else enter the apartment that evening. He did not see defendant selling drugs to

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No. 1-07-0271 anyone in the apartment on December 21, 2004, and he has never known defendant to sell drugs. Defendant testified that he had been living in the basement apartment at 1401 N. Hamlin Avenue for 14 years. He testified that when he woke up on December 21, 2004, at 6:30 a.m., both of his roommates were gone. He left the apartment at approximately 6:45 a.m. and went to work at 3960 W. Grand Avenue, where he was doing remodeling work for an attorney named Basil Anagnos. He finished working at 7:45 p.m. and returned home at 8 p.m. When defendant arrived home, both his roommates already were in bed. Defendant stated that nobody else arrived at the apartment that night and that he has never sold drugs to anyone. The parties stipulated that Basil Anagnos is an attorney licensed to practice law in Illinois, and he also develops property. Mr. Anagnos owned the property at 3960 W. Grand Avenue. During the week of December 20, 2004, defendant was doing drywall work there. Mr. Anagnos periodically stopped by the premises to check on the progress of the work. On December 21, 2004, he stopped at 3960 W. Grand Avenue in the morning hours and saw defendant and another worker there putting up drywall. Mr. Anagnos stayed for approximately 15 minutes and then left. Mr. Anagnos had known defendant for 12 years, hired him on many occasions, and never knew him to use, sell or possess any type of illegal drugs. After the conclusion of all the evidence, the circuit court granted defendant's motion to quash the search warrant and suppress evidence. The State filed a motion to reconsider, which the circuit court denied. The State filed this timely appeal. The State contends that the trial court erred in granting defendant a Franks hearing and quashing the search warrant and suppressing evidence. The fourth amendment to the United

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No. 1-07-0271 States Constitution guarantees the right to be free from unreasonable search and seizure. The amendment states that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const., amend IV. The Illinois Constitution similarly provides that "[n]o warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized." Ill. Const. 1970, art. 1,

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