2013 IL App (1st) 113780
Ill. App. Ct.2013Background
- DEA agents obtained a warrant (based on an October 20, 2009 affidavit by Special Agent Thomas Asselborn) to search Juan Rojas’s person and his family home at 745 Cromwell Ave., seeking records and other evidence of large-scale narcotics trafficking and money laundering.
- The investigation ("Operation Copperhead") involved wiretaps of the alleged DTO leader Felix Villasenor and others; agents intercepted calls that referenced Rojas and showed Rojas had communications with Villasenor about meetings and shipments in July 2009.
- Specific conversations relied on by the affidavit included (1) a July 3 call in which Rojas told Villasenor to "come over here close to my house" (directions to the Mannheim/Cermak area) and (2) July 22 calls suggesting Rojas had a shipment of cocaine and asked Villasenor to see it before customers did.
- The warrant was executed at the Cromwell address and officers found a 9mm handgun; Rojas was arrested and charged with unlawful use of a weapon by a felon.
- At a suppression hearing the trial court found the affidavit failed to establish a nexus between Rojas’s alleged drug activity and the Cromwell residence (the affidavit was "bare-bones as applied to Rojas") and held the good-faith exception did not apply; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit established probable cause to search Rojas’s Cromwell residence | Affidavit + wiretap interceptions and broader surveillance tied Rojas into DTO activity and supported inference that narcotics records are kept at his home | Intercepts were innocuous or showed meetings near, not at, his home; no specific evidence linking criminal activity or contraband to the Cromwell address | No probable cause for the Cromwell address — affidavit was conclusory/bare-bones as applied to Rojas |
| Whether the good-faith exception (Leon) saves the seized evidence | Warrant issued by neutral magistrate after a detailed 20-page affidavit; officers reasonably relied on it | Affidavit was so lacking in indicia of probable cause for Cromwell that officer belief was objectively unreasonable; cannot bootstrap evidence for other locations | Good-faith exception inapplicable — affidavit was so deficient as to render reliance unreasonable |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (establishes good-faith exception where reliance on warrant is objectively reasonable)
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances test for probable cause)
- Mapp v. Ohio, 367 U.S. 643 (exclusionary rule for Fourth Amendment violations)
- People v. Beck, 306 Ill. App. 3d 172 (affidavit with detailed facts and inferences can support probable cause and justify good-faith reliance)
- People v. Lenyoun, 402 Ill. App. 3d 787 (good-faith exception inapplicable where affidavit was bare-bones)
- People v. Stewart, 104 Ill. 2d 463 (probable cause requirement for searches)
- People v. McCarty, 223 Ill. 2d 109 (conclusory statements insufficient for probable cause)
- People v. Heiber, 258 Ill. App. 3d 144 (refusing deference to bare-bones affidavit)