Search and Seizure – Probable cause

Listen to this article

U.S. Court of Appeals
For the Seventh Circuit

Criminal

Search and Seizure – Probable cause

Where an affidavit in support of a search warrant contained nothing regarding an informant’s credibility, the defendant is entitled to a Franks hearing.

“We conclude that the affidavit provided an insufficient basis for the search warrant. It omitted all information regarding the informant’s credibility. That undermined the is-suing magistrate’s ability to perform his role as a neutral arbiter of probable cause. Regarding the good faith exception, the question is close, but in light of our prior cases, the affidavit was not so ‘bare bones’ that officers’ good faith reliance on it was unreasonable. Nevertheless, the affidavit’s omission of all information about the informant’s credibility is sufficient to raise an inference of reckless disregard for the truth that could undermine the good faith exception under Leon. We reverse and remand for a hearing under Franks v. Delaware, 438 U.S. 154 (1978).”

Reversed and Remanded.

13-2475 U.S. v. Glover

Appeal from the United States District Court for the Northern District of Illinois, Grady, J., Hamilton, J.

Full Text