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IL: Franks challenge actually succeeds on alibi

By John Wesley Hall, Jr.

Defendant's alibi affidavits from himself and two witnesses that he was not home and could not have sold drugs to the CI was sufficient to require a Franks hearing and the evidence at the hearing supported the trial court's suppression order under Franks. People v. Caro, 2008 Ill. App. LEXIS 294 (1st Dist. April 3, 2008): Similarly, in the present case, defendant filed an affidavit stating that he was at work on the day the informant stated he made the purchase and that when he came home he ate dinner and watched television and went to bed. He denied selling or using any illegal drugs on the day in question. Defendant's two roommates also filed affidavits in support, stating that when defendant arrived home from work no one other than he and his roommates were present...continue to full post

Full post as published by Fourth Amendment on April 07, 2008 (boomark / email).