People v. Ross, 2017 IL App (4th) 170121 (December). Episode 444 (Duration 9:50)

Police put the wrong address on the search warrant. Now what happens?

This is an Illinois search and seizure opinion.

Charges

The State charged defendants, James A. Ross and Ryan A. Schriefer, with unlawful possession with intent to deliver cannabis while within 1000 feet of a school (720 ILCS 550/5.2, 5(e) (West 2014)) and the unauthorized production or possession of cannabis sativa plants (720 ILCS 550/8(d) (West 2014)).

Gist

Law enforcement officers searched a structure on property located at the northeastern corner of Greely and Chestnut Streets in Monticello, Illinois, pursuant to a search warrant issued earlier the same day.

Both defendants filed motions seeking to suppress evidence they argued was improperly obtained as the result of a defective search warrant. The trial court granted defendants’ motions.

Issue

On appeal, the State argues the trial court erred in granting defendants’ motions to suppress based on “a discrepancy in the address” contained in the search warrant.

It contends that despite the error as to the target residence’s street address, the search warrant’s description of that residence was otherwise sufficient to allow law enforcement officers to know where to conduct the search.

Facts

The record reflects the property at issue was a single lot with two buildings—a tan, two-story house and a blue, barn-shaped building that, at some point, had been used as a residence.

The search at issue was of the tan house, which had a front door that faced Chestnut Street and the numbers 1002 displayed on the front of the home. The barn was associated with a street address of 817 North Greely Street in Monticello and was located north of the tan house.

The Search Warrant

The search warrant set forth the street address of the property to be searched as 817 North Greely Street and further described it as follows:

“A single family, tan, two[-]story dwelling located on the east side of North Greely Street with the number 817 displayed on the front, a detached barn to the north of the residence[.]”

During the search, law enforcement officers discovered cannabis and cannabis production materials.

Wrong House

Turns out the structure searched—the tan house—was a residence located at 1002 East Chestnut Street, but the search warrant referenced only a residence at the location of 817 North Greely Street in Monticello, Illinois.

The residence at issue was located northeast of the intersection, and police agreed it was a tan building.

Reports from the neighbors were that the tan residence was the problem. Police could also smell burnt cannabis coming from the home. They did not “actually go check the numbers” that were affixed to the front of the target residence.

How Did It Happen?

The officer who drafted the search warrant did not go to the location.

He was told to do it because he was good with search warrants. Russell testified he researched the address and stated his “research indicated that the residence was underneath one address, 817 N. Greely.” Russell testified he drafted a search warrant based on the officers’ observations of the location. He did not personally visit the address in question prior to preparing the complaint for a search warrant.

Russell testified, later, he looked up records associated with 1002 East Chestnut Street. He stated he went to the clerk’s office “to determine why it showed 817 on the computer, and they explained it was two different properties consolidated into one.”

Russell also learned that separate Monticello city water and ...