People v. Burmeister, Nos. 2-99-0344 & 2-99-0346 cons.
2nd District, 4 May 2000
| THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DENNIS BURMEISTER, Defendant-Appellee. | Appeal from the Circuit Court of Lake County. No. 98--CF--2427 Honorable Barbara C. Gilleran Johnson, Judge, Presiding. |
| THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. BRYAN BURMEISTER, Defendant-Appellee. | Appeal from the Circuit Court of Lake County. No. 98--CF--2424 Honorable Barbara C. Gilleran Johnson, Judge, Presiding. |
JUSTICE THOMAS delivered the opinion of the court:
While executing a search warrant, Lake County police officers discovered evidence of cocaine trafficking in the home of defendants, Dennis and Bryan Burmeister. Bryan was charged with unlawful possession of less than 15 grams of a controlled substance (720 ILCS 570/402(c) (West 1998)), and Dennis was charged with unlawful possession of between 400 and 900 grams of a controlled substance with the intent to deliver (720 ILCS 570/401(a)(2)(C) (West 1998)) and unlawful possession of between 400 and 900 grams of a controlled substance (720 ILCS 570/402(a)(2)(C) (West 1998)). After concluding that there was no probable cause to issue the warrant, the trial court granted defendants' motion to quash the arrests and suppress evidence. The State appeals, arguing that the mere presence of curbside contraband creates probable cause to search a residence. We consolidate the appeals, and we affirm.
FACTS
Before the police searched defendants' home, Lake County agent David Walsh filed a complaint for a search warrant pursuant to section 108--3(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/108--3(a) (West 1998)). In the complaint, Walsh named Bryan Burmeister and "2812 N. Elmwood, Waukegan" as the targets of the proposed search. Walsh did not allege that Bryan had any connection to the residence. Furthermore, Walsh mistakenly noted that the home is on the east side of the street when, in fact, it sits on the west side. A residence on the east side of the street, 2821 N. Elmwood, closely resembles the Burmeister residence.
Walsh stated that he had probable cause to believe that evidence of cocaine trafficking could be found in defendants' home. Walsh's suspicions were supported by tips from "anonymous sources" and an investigation by unnamed police officers. Garbage in defendants' neighborhood is collected weekly. On three consecutive trash days, the officers collected several black plastic garbage bags from the curb in front of the residence. The first search disclosed one 4