Defendant was charged with armed habitual criminal, possession of a controlled substance, possession of a controlled substance with intent to deliver, and unlawful use of a weapon by a felon after police searched his apartment. Defendant moved to quash warrant and suppress evidence because affidavit for warrant listed an incorrect number of bedrooms in his apartment. An informant's false statements alone, even if told to unsuspecting affiant officer and averred to an issuing judge, can be the basis for granting a Franks hearing. Defendant did not show deliberate misstatements, a reckless disregard for truth or a falsity material to the probable cause determination. Defendant failed to make a substantial preliminary showing and was not entitled to a Franks hearing. Thus, court's order granting motion to quash search warrant and suppress evidence is reversed. (HYMAN and PIERCE, concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress