2012 IL App (1st) 102322
Ill. App. Ct.2012Background
- Defendant Anthony Britton was convicted of unlawful possession of heroin with intent to deliver and sentenced to 7½ years.
- Appeal challenged the chain-of-custody for the narcotics evidence and the denial of a motion to disclose the surveillance location used to observe two narcotics transactions.
- The surveillance occurred October 15, 2009, near Roosevelt and Whipple; Officer Olivares conducted the surveillance with Mata and Blas observing, and Blas recovered narcotics from a tree next to a blue recycling bin after Olivares identified Britton.
- A pretrial motion sought disclosure of the surveillance location; two judges denied disclosure, balancing officer safety against defense rights.
- At trial, forensic chemist Linda Jenkins testified the narcotics weighed 1.2 grams and tested positive for heroin; the State versus defense rested on the chain-of-custody and the surveillance-location privilege issues.
- The appellate court ultimately affirmed in part and vacated in part, vacating the $200 DNA indexing fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Chain of custody sufficiency for narcotics evidence | State showed reasonable protective measures and unlikely alteration | Discrepancies and miscounting indicate breakdown in custody | Sufficient chain of custody; no abuse of discretion |
| Surveillance location disclosure privilege | Privilege applies to protect officer safety and ongoing investigations | Disclosure needed for defense preparation and cross-examination | Privilege properly applied; no plain error; disclosure not required |
| DNA indexing fee validity | Fee properly imposes for DNA databases | DNA already in database due to prior conviction; fee improper | Vacate $200 DNA indexing fee |
Key Cases Cited
- People v. Woods, 214 Ill. 2d 455 (Ill. 2005) (necessity of chain of custody in narcotics cases)
- People v. Lundy, 334 Ill. App. 3d 819 (Ill. App. 2002) (protective measures and unlikely tampering standard)
- People v. Terry, 211 Ill. App. 3d 968 (Ill. App. 1991) (partial breakdown in chain of custody insufficient for reversal)
- People v. Gibson, 287 Ill. App. 3d 878 (Ill. App. 1997) (weighing discrepancies in custody require more than minor errors)
- People v. Price, 404 Ill. App. 3d 324 (Ill. App. 2010) (surveillance-location privilege factors for pretrial disclosure)
- People v. Criss, 294 Ill. App. 3d 276 (Ill. App. 1998) (balancing test for privilege disclosure in pretrial context)
- Knight v. State, 323 Ill. App. 3d 1117 (Ill. App. 2001) (cross-examination and privilege interplay; need for materiality assessment)
- People v. Marshall, 242 Ill. 2d 285 (Ill. 2011) (DNA indexing fee not imposed where DNA already in database)