No substantial basis for probable cause makes search warrant invalid.
People v. Manzo, 2018 IL 122761
The Illinois Supreme Court held that there was a failure to establish a connection between the supplier’s drug deals and the defendant’s home. Thus, the magistrate could not conclude that there was probable cause to search for evidence of the crimes in the defendant’s home. Consequently, the search warrant was not supported by probable cause and was found invalid.
The complaint for the search warrant was a conclusory, bare-bones affidavit based solely on the officer’s beliefs that probable cause had existed. Statements in the complaint included (1) the supplier drove a vehicle registered to the defendant’s residence address to one drug deal, and (2) 19 days later the supplier walked to another drug deal from that address. These statements lack any facts to support the officer’s judgment that probable cause existed regarding the home other than the conclusionary statements. The court also held that the good-faith exception to the exclusionary rule does not apply to this bare-bones affidavit.
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