{"id":9605,"date":"2014-01-04T08:32:33","date_gmt":"2013-10-15T07:55:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-10-15T07:55:13","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9605","title":{"rendered":"IL: Officer&#8217;s experience recounted in affidavit for SW doesn&#8217;t alone constitute a \u201csubstantial basis\u201d for it"},"content":{"rendered":"<p>The search warrant overall was not bare bones, but it was as to defendant\u2019s address. There was minimal information about him, and the good faith exception would not be applied. An officer&#8217;s general statements based on training and experience alone do not constitute \u201csubstantial basis\u201d for the issuance of a warrant. <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2013\/1stDistrict\/1113780.pdf\">People v. Rojas<\/a>, 2013 IL App (1st) 113780, 998 N.E.2d 567 (2013).<\/p>\n<p>Officers had probable cause from controlled buys occurring from defendant\u2019s property. When he was arrested on his porch, and the door was ajar, it was not unreasonable to conduct a protective sweep to make sure there weren\u2019t others there. United States v. Walenty, 2013 U.S. Dist. LEXIS 147474 (W.D. Mo. September 23, 2013).*<\/p>\n<p>Defendant was recorded by an informant telling of plans to rob a bank. He was arrested leaving his house to go to a storage unit to retrieve a mask and gun for the robbery. The search warrant for the storage unit and his house was based on the recording, not the search incident to his arrest. United States v. Smith, 2013 U.S. Dist. LEXIS 147759 (S.D. N.Y. October 11, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9605\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9605","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9605","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9605"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9605\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9605"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9605"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9605"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}