People v. Chambers

Defendant was convicted, after jury trial, of armed violence and possession of controlled substance with intent to deliver. An informant's appearance before a judge at time of issuance of search warrant does not preclude possibility that affiant-police officer knows that informant's allegations are false. If Defewndant has evidence that affiant-officer knowingly or recklessly presented warrant affidavit with false allegations, he should be given opportunity to present evidence before trial court at Franks hearing to make substantial preliminary showing. Defendant submitted sufficiently detailed affidavits, and affidavit of purported confidential informant who explicitly averred that he made false allegations against Defendant because he was threatened by officer. Thus, Defendant met standard and should have been allowed to present evidence at a Franks hearing. (HOFFMAN and CUNNINGHAM, concurring.)