4-17-0121, 4-17-0122 People v James A. Ross & Rya
WAIVER - MOTION TO RECONSIDER
Trial court did not err in finding State could not raise lack of standing on the part of defendant Ryan Schriefer in the motion to reconsider. The State had not challenged his standing at the suppression hearing and provided no reasonable explanation for this failure. No abuse of discretion in denying motion to reconsider under these circumstances.
SEARCH AND SEIZURE - SUFFICIENCY OF WARRANT
Search warrant described premises to be searched as "a single family, tan two-story dwelling located on the east side of North Breely Street with a detached barn to the north of the residence." The trial court declared that the search under this warrant was invalid because the warrant mis-stated the street address or house number for the residence. The appellate court reversed finding that the specific, detailed description of the premises at a precise street corner was sufficiently descriptive to identify the premises to search. The court further noted that the officers conducting the search were ones involved in the investigation and were not in any way confused by the misidentification as to the house number and that there was no evidence that any building in the area other than the one searched matched the description contained in the warrant. Suppression not required by failure to stop search when mistake was discovered since search already in progress and defendants alerted to police by time mistake discovered.
The trial court's finding that the police were unaware of the discrepancy in the warrant until it was discovered as and after the warrant was being executed was supported by the evidence at the suppression hearing and were not against manifest weight of the evidence.