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Search Warrant Tossed

Defendant was convicted, after jury trial, of unlawful possession of a weapon by a felon but was acquitted of unlawful possession of a controlled substance with intent to deliver. Totality of circumstances fails to establish a nexus between supplier’s drug deals and Defendant’s home. Magistrate had no substantial basis to conclude that probable cause existed to believe that evidence of the crimes charged would be found in a search of Defendant’s home, and thus search warrant was not supported by probable cause and was thus invalid. Complaint for search warrant is a bare-bones affidavit, as it is conclusory, asserting only officer’s belief that probable cause existed. Statements in complaint, that supplier drove a vehicle registered to Defendant’s residence address to one drug deal and 19 days later walked to another drug deal from that address, are completely devoid of facts to support officer’s judgment that probable cause existed. Good faith exception to exclusionary rule does not apply to this bare-bones affidavit. (KILBRIDE, THEIS, and NEVILLE, concurring; GARMAN, KARMEIER, and BURKE, dissenting.) People v. Manzo 2018 IL 122761 (December 28, 2018)

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