People v. Chambers

This case presents question as to whether trial court abused its discretion in denying defendant’s motion to conduct Franks hearing to determine whether warrant used to seize drugs and weapons contained deliberately false statements by confidential non-government informant, where said informant testified before judge who issued instant warrant. Appellate Court, in finding that trial court abused its discretion in denying motion for Franks hearing, found that: (1) defendant must be given opportunity to make requisite “substantial preliminary showing” required by Franks, even where informant had testified in front of issuing judge; and (2) defendant met such showing where defendant’s affidavits indicated that officer who sought warrant allegedly coerced informant into making false statements.