2017 IL App (2d) 150884
Ill. App. Ct.2017Background
- Detective Christopher Covelli, a Lake County cybercrime detective and listed grand-jury investigator, traced suspected child‑pornography images to an AT&T IP address on January 7–8, 2014.
- Covelli (with paralegal help) issued a document headed "Grand Jury Subpoena" to AT&T on January 8, 2014; AT&T returned subscriber records directly to Covelli, not to the grand jury.
- Covelli used the AT&T return (providing a physical address) to prepare a search‑warrant affidavit on March 5, 2014; the warrant was executed March 6 and led to defendant O’Dette’s arrest and indictment.
- Defendant moved to suppress, arguing Covelli abused grand‑jury subpoena power by conducting an independent investigation, failing to return materials to the grand jury, and thus violating state and federal privacy/fourth amendment protections.
- The trial court found the subpoena defective (returnable to Covelli rather than the grand jury) and other procedural irregularities, but concluded defendant failed to show prejudice and denied suppression.
- On appeal the Second District affirmed, acknowledging abuse but holding defendant bore the burden to prove prejudice under controlling precedent (Wilson, Boston) and failed to do so.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (O’Dette) | Held |
|---|---|---|---|
| Whether evidence obtained via a grand‑jury subpoena that was returned to a detective (and used to get a search warrant) must be suppressed as an abuse of grand‑jury power | Subpoena was issued by an appointed grand‑jury investigator; procedural defects did not prejudice defendant; subpoenas may be issued without grand‑jury preapproval if for grand‑jury use | Covelli abused grand‑jury power by issuing a defective subpoena returnable to him, failing to deliver returns to the grand jury, and using records to further an independent investigation — suppression required | Court: Although Covelli’s conduct amounted to an abuse, defendant must show prejudice under Wilson/Boston; he failed to prove prejudice, so suppression denied and conviction affirmed |
Key Cases Cited
- People v. DeLaire, 240 Ill. App. 3d 1012 (1993) (diversion of grand‑jury subpoena returns to a non‑agent detective and use to obtain warrants requires suppression)
- People v. Wilson, 164 Ill. 2d 436 (1994) (State’s misuse of grand‑jury subpoena power can be abuse but defendant must show prejudice)
- 1996 Term Grand Jury, 283 Ill. App. 3d 883 (1996) (criticized DeLaire’s breadth; upheld grand‑jury/subpoena use where no illegal diversion occurred)
- People v. Boston, 2016 IL 118661 (2016) (improprieties in subpoena procedure found but suppression denied because defendant failed to show prejudice)
- People v. Feldmeier, 286 Ill. App. 3d 602 (1997) (misuse of subpoenas made returnable to State’s Attorney supported suppression where returns bypassed grand jury)
- People v. Bauer, 402 Ill. App. 3d 1149 (2010) (records mistakenly sent to State’s Attorney were remedied when he notified the grand jury and got permission to review; no abuse requiring suppression)
- In re May 1991 Will County Grand Jury, 152 Ill. 2d 381 (1992) (grand‑jury subpoenas require some quantum of relevance and individualized suspicion)