People v. Chambers

A Franks hearing is not foreclosed on the sole basis that a confidential informant whose statements formed the basis for a warrant application appears before the judge at the warrant hearing.  Appellate review of a trial court's ruling on a motion for a Franks hearing is de novo.  Defendant made a substantial preliminary showing that a false statement was intentionally, knowingly, or recklessly included in the warrant affidavit, and he is, thus, entitled to a Franks hearing to determine whether the warrant must be quashed and the evidence obtained thereby suppressed. (FREEMAN, THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)