IL: Arguing only lack of arrest warrant waives lack of PC

Pleading and litigating a motion to suppress in the trial court that the officers lacked an arrest warrant or an exception waived his appellate claim of a lack of probable cause. People v. Montes, 2020 IL App (2d) 180565, 2020 Ill. App. LEXIS 403 (June 24, 2020).

The search warrant affidavit relied on a CI who wasn’t independently corroborated. Instead, “The information was, however, specific and detailed. CS, the affidavits reveal, was no mere anonymous tipster. The affidavits state that federal agents had been using CS investigatively for seven months. CS had a track record of reliability; his information had led to seizures of a large quantitiy of heroin, firearms, and cash.” That was probable cause on the totality. United States v. Dancy, 2020 U.S. Dist. LEXIS 110913 (D. N.J. June 24, 2020).”

This entry was posted in Burden of pleading, Burden of proof, Informant hearsay. Bookmark the permalink.

Comments are closed.