People v. Francisco

• Decision Date: 28 January 1970
• Docket Number: No. 42180,42180
• Citation: 44 Ill.2d 373,255 N.E.2d 413
• Parties: The PEOPLE of the State of Illinois, Appellee, v. Arthur FRANCISCO, Appellant.
• Court: Illinois Supreme Court

Page 413

255 N.E.2d 413

44 Ill.2d 373

The PEOPLE of the State of Illinois, Appellee, v. Arthur FRANCISCO, Appellant.

No. 42180.

Supreme Court of Illinois.

Jan. 28, 1970.

Geter & Geter, Chicago (Howard D. Geter, Sr., and Howard D. Geter, Jr., Chicago, of counsel), for appellant.

William J. Scott, Atty. Gen., Springfield, and Edward V. Hanrahan, State's Atty., Chicago (James B. Zagel, Asst. Atty. Gen., and Elmer C. Kissane and John R. McClory, Asst. State's Attys., of counsel), for the People.

WARD, Justice.

The appellant, Arthur Francisco, having been convicted of the crime of gambling in the circuit court of Cook County, was placed on probation for two years and fined $90. Before trial he had moved to quash a search warrant which had authorized the search of his person and his auto, and to suppress certain evidence seized under the warrant. The motion claimed that the complaint upon which the search warrant was based did not set forth facts sufficient to show probable cause for issuance of the warrant. The trial court denied the motion and the appellant at trial was found guilty. His appeal to this court contends that his constitutional rights were violated by the circuit court's denial of his motion.

It is argued that the warrant was improperly issued in that the complaint upon which the warrant was based does not set forth any facts which would enable a magistrate to find probable cause to issue a warrant. The complaint for the search warrant stated: '* * * I, Officer Robert Davis assigned to the Gambling Unit VCD, Ch'go Police Dept., on Monday 5 August 1968, had a conversation with a reliable person whom I've known for more than two years and during that time he has given me information relative to Race Horse betting five times which resulted in five Raids from which there was two convictions. Two cases are now pending in Court Br. 27 and one case suppressed due to no Search Warrant for the premises but the information was true. This person told me that on the afternoon of the 5 August 1968 at about 3:00 P.M. a friend he was riding with stopped his car on Brandon Ave. near 92nd St. and a male Mexican alighted from a 1964 beige Olds, Ill. 1968 Lic.No. LW 4063 and got into the rear seat of his friend's vehicle and his friend made three bets on the Races and the M/M (male Mexican) returned to his vehicle. On 6th & 7th August from 1:00 P.M. to 3:00 P.M., I maintained a surveillance on the above described vehicle and the M/M occupant and during that time I observed more than ten males either enter his vehicle or if they drove up he would get into their vehicle. Most of the men came from the Tavern located at 3201 E. 92nd St. On 8th August 1968 at 2:30 P.M. as I watched two males get into the Oldsmobile with the occupant, I walked past the vehicle and observed the M/Mexican writing on a small pad and the two fellows that got into the car were passing him money. Based on the above information and observation and my experience, I believe that the above male is booking Race Horses in his Auto and that betting records are to be found. A check with the Secretary of State's Office reveals that the above vehicle is listed to Arthur Francisco who resides at 10358 Ave. G. Ch'go, Ill.'

It is the appellant's position that as the affiant police officer did not personally observe any violation of the law the only basis for the finding of probable cause was the hearsay evidence of...