2019 IL App (3d) 170017
Ill. App. Ct.2020Background
- On Sept. 30–Oct. 1, 2015 police obtained and executed a warrant for 1950 3rd Street after a confidential informant (CI) made a controlled cocaine purchase from Teague.
- Detectives surveilled Teague leave 1950 3rd Street, enter a dark-gray Chevrolet Impala, drive to the buy location (100 block of 41st Ave), and the CI purchased cocaine from him.
- Affidavit reported Teague had previously listed 1950 3rd Street as his residence, the Impala was registered to a woman who also listed that address, and recited the officer’s experience that dealers often store drugs, weapons, records, and proceeds at home.
- The residence search recovered suspected narcotics, a digital scale with residue, packaging, cutting agent, paraphernalia, $550, and two cell phones; nothing was found in the Impala or on Teague.
- Teague was charged with two counts of possession with intent to deliver, moved to suppress (arguing the buy did not establish a nexus to his home), the motion was denied, he was convicted after a stipulated bench trial, and received concurrent 10-year terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause supported a warrant to search Teague’s residence | People: CI tip + surveillance of Teague leaving 1950 3rd St and driving to the controlled buy, plus officer’s expertise about dealers’ storage habits, established a nexus | Teague: Controlled buy occurred elsewhere and did not tie contraband to his home; no sufficient nexus | Denied suppression — court held totality of circumstances (CI, surveillance, officer’s training/experience) supplied probable cause to search the residence |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances standard for probable cause)
- United States v. Leon, 468 U.S. 897 (warrants require more than bare conclusions; good-faith exception principles)
- People v. McCarty, 223 Ill. 2d 109 (probable cause defined under Illinois law)
- People v. Lyons, 373 Ill. App. 3d 1124 (surveillance showing defendant leaving home and going to buy supported nexus)
- People v. Lenyoun, 402 Ill. App. 3d 787 (rejecting second warrant without new nexus; distinguished on facts)
- People v. Manzo, 2018 IL 122761 (supreme court reversed an Appellate holding; warned against searching third-party homes on thin nexus)
- People v. Exline, 98 Ill. 2d 150 (deference to issuing judge; review standards)
- People v. Beck, 306 Ill. App. 3d 172 (nexus requirement between offense, items, and place to be searched)