IL: Information from an attorney for SW affidavit neither more nor less credible

Information from an attorney acting for an affidavit for a search warrant is treated the same as other information; it’s neither more nor less reliable. People v. Brown, 2014 IL App (2d) 121167, 2014 Ill. App. LEXIS 366 (May 30, 2014):

[*P25] Here, defendant’s primary argument is that the “tip” was not reliable, because it was provided by an attorney who was speaking on behalf of his clients, who might have been involved in the crime or had motives to protect themselves. We disagree. There is nothing in the record before us to suggest that Mahoney’s status as an attorney necessarily rendered him, or the information he provided to the police, more or less reliable than any other named informant. Rather, as in any probable-cause determination, the inquiry was simply whether, given the totality of the information provided in the complaint and affidavit, it was probable that evidence of a crime would be found in the vehicle. That Mahoney hypothetically could have “filtered” it did not render the information that was provided inherently unreliable. We note that all three individuals from whom the information was derived were identified by name in the affidavit, which enhanced the reliability of the tip (see, e.g., Bryant, 389 Ill. App. 3d at 518), and, further, that the officer knew the person providing the tip (i.e., Mahoney).