Defendant was charged with offenses relating to his possession of cocaine, and Defendant then filed motion to quash search warrant and suppress evidence which court denied. Defendant was convicted, after stipulated bench trial. Complaint lacked substantial basis for probable cause; it completely failed to establish the time that the first transaction occurred, and lacked connection between Defendant and the residence which was searched. Complaint does not state or imply that Defendant resided there. Complaint contained no information as to passage of time between arrangement of the drug transactions and their actual execution, or how long officers were in surveillance on Defendant at that address. As warrant is unsupported by probable cause, and the good faith exception to exclusionary rule does not apply, fruits of the search must be suppressed at trial. (LYTTON and McDADE, concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress