People v. Bryant
| Decision Date | 13 April 2009 |
| Docket Number | No. 4-06-0223.,4-06-0223. |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Johnny R. BRYANT, Defendant-Appellee. |
| Court | United States Appellate Court of Illinois |
In December 2004, the State charged defendant, Johnny R. Bryant, with (1) possession of methamphetamine manufacturing chemicals (720 ILCS 570/401(d-5) (West 2004)) and (2) possession of a controlled substance (more than 15 grams but less than 100 grams of a substance containing methamphetamine) (720 ILCS 570/402(a)(6.5)(A) (West 2004)). In July 2005, defendant filed a motion to suppress the evidence seized against him, arguing that no probable cause existed to issue a search warrant for his property. Following an August 2005 hearing, the trial court denied defendant's motion.
In January 2006, the trial court changed its earlier decision and ruled that the search warrant was issued without probable cause. The court then conducted a good-faith hearing pursuant to United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), and held that the good-faith exception did not apply under the circumstances of this case. Accordingly, the court suppressed the evidence seized pursuant to the execution of the search warrant.
The State appealed, arguing that the trial court erred by determining that (1) the complaint for search warrant was not sufficient to show probable cause for its issuance and (2) the good-faith exception to the exclusionary rule did not apply. In May 2008, we agreed with both of the State's arguments and reversed and remanded for further proceedings. People v. Bryant, 383 Ill.App.3d 327, 321 Ill.Dec. 445, 889 N.E.2d 710 (2008).
In June 2008, defendant filed a petition for rehearing, asserting that this court failed to (1) address the fact that the trial court granted a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), and the trial court found that an officer gave false testimony with a reckless disregard of the truth, and (2) discuss the appropriate standard of appellate review for a trial court's factual determinations at a Franks hearing. In July 2008, this court denied defendant's petition.
Defendant filed a petition for leave to appeal, which the supreme court denied. However, in November 2008, the supreme court entered the following nonprecedential supervisory order:
People v. Bryant, 229 Ill.2d 673, 324 Ill.Dec. 841, 896 N.E.2d 1060, 1061 (2008) ().
In accordance with the supreme court's directive, we vacate our earlier opinion in this case and grant defendant's petition for rehearing. After addressing the omissions alleged in that petition, we continue to agree with both of the State's arguments on appeal. Accordingly, we reverse and remand for further proceedings.
A. The Complaint for Search Warrant
In December 2004, the complaint for search warrant in this case was presented to Judge Michael D. Clary. Contrary to the normal practice of presenting the judge with an affidavit setting forth in writing the reasons why probable cause exists for the issuance of the search warrant, the written complaint for search warrant in this case consisted merely of a description of the property to be searched and the items to be seized. The complaint concluded with the following statement: "ORAL TESTIMONY TAKEN." The record also contains a transcript of the sworn testimony of Danville police officer John Thompson given before Judge Clary. Because the first issue before this court is the sufficiency of the information given to Judge Clary to justify his issuance of the search warrant, we set forth Thompson's testimony in detail:
"Q. [PROSECUTOR:] Now, from your involvement in this matter do you know who lives at 51 Bates Drive, Danville, Illinois?
A. The information we've received was that a John Bryant lives at the residence. We have also confirmed this information with the [p]ost [o]ffice that [Bryant] and Jessica McGehee live at the residence, and we also confirmed through the [w]ater [c]ompany that the water is turned on in [McGehee's] name.
Q. Now, at this residence, 51 Bates Drive, what illegal substances or suspect activity do you have information on that causes you to request this search warrant?
A. We had information in the past that [Bryant] was selling drugs. Recently[,] on the 9th of December, I received a phone call [at] approximately 6:07 p.m., that Bryant was going to be cooking meth at the property that night and was actually in the process of cooking meth.
Q. Now, let me stop you there. December 9th, 2004, at 6:07 p.m.?
A. Yes, sir.
Q. Was this person that gave you the information identified or [did he] at least go into some detail about that?
A. The person was not identified[;] he wished to remain anonymous. He advised that the trailer was on Bates Drive[;] it was a white trailer at the end of the road on the left-hand side which would be the east side of the road. He advised that the subjects were outside in the garage cooking meth at the time of the call, and he advised that they had also started a fire just outside the garage when they started cooking.
Q. Was this a telephone call that you received?
A. Yes, sir.
Q. Now, was there any other information that you've received recently— well, let's stick with December 9th[,] 2004, did you receive any other information on this address at 51 Bates Drive?
A. That same night Officer Vaughn called the VMEG [(Vermilion County Metropolitan Enforcement Group)] pager and advised that he had spoke [sic] to a female in Georgetown who had advised that they were cooking meth at 51 Bates Drive and that was at 8:25 p.m., that night.
Q. And for the record, who is Officer Vaughn?
A. He's a Georgetown police officer.
Q. To your knowledge was the—if you know, the person that called you and the person that called Officer Vaughn two different individuals?
A. Yes. I spoke to an older male subject, and he advised he spoke to a female subject.
Q. Do you know if these two people are related in any way?
A. No, I do not.
Q. Okay. Now, other than December 9th, 2004, do you have any other information about possible illegal activities with 51 Bates Drive?
A. On December 10th[,] Deputy Christian from the [s]heriff's [d]epartment responded to a call where he was advised that they were also cooking meth at 51 Bates Drive, and that subject advised him that they were fortifying the garage prior to cooking meth, said that they were doing that by barricading all the doors to the garage.
Q. The person who contacted Officer Christian, was this person a male or female?
A. I believe it was a male.
Q. Do you know how this person contacted Christian?
A. Through [9-1-1].
Q. Okay. Any other information recently that's current on 51 Bates Drive that might be relevant to illegal drug activity?
A. On today's date I spoke with a male subject via the VMEG Office phone, he advised that he was at the residence * * * last night, [December 14], and that there were several people at the residence preparing to cook meth. He advised that there was not [enough] anhydrous ammonia to cook all of the pseudoephedrine that they had so that there was only a small cook done at the time.
Q. That was last night, December 14th?
A. That was last night.
Q. Now, this individual that said they was [sic] cooking meth at 51 Bates Drive, did this individual refer to who they was [sic]?
A. He advised that there were several people there, he did not know all of their names, knew one was [Bryant], knew another one by the first names of Shane, Frank and the last name of Grissom.
Q. Okay. Now, this person indicated they were cooking meth, from your training and experience do you recognize the ingredients and procedures used to make meth?
A. Yes, sir.
Q. What was discussed or indicated by this caller on December 14th to you that indicated to you that there really was meth being cooked there or would support what this person was saying?
A. He called on the 15th and he advised that when he was there that there were filters, pseudoephedrine pills, Rooto and Coleman fuel.
Q. From your experience are those articles that are used to manufacture meth?
A. Yes, sir.
Q. Did he indicate whether or not the pseudoephedrine pills had been crushed or did he make any statement about that at all?
A. He advised that when he left * * * the residence there was still a half of a freezer bag full of crushed pseudoephedrine, and he also advised that during the process of Bryant cooking meth he received about 606 grams from each cook.
Q. Did this individual describe anything about the anhydrous, like whether there was a tank there, whether there was ammonia there, the smell, anything about the anhydrous ammonia issue?
A. The caller advised that a male subject named Frank was the one who had the tanks with him in his vehicle and that Frank would be the one going today to steal anhydrous.
Q. Was there any indication of where they were going to steal the anhydrous, just a general mention of that?
A. The caller advised he thought it would be on State Line Road.
Q. Now, you've mentioned the information that you have that's current as in the conversation to the—about yesterday's activity, and then December 9th and 10th information from you, Deputy Christian and Officer Vaughn from Georgetown, do you have any other information that predates this that would be consistent or add corroboration to this?
A. No, sir, other than...
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