· 9/20/2023
Banks v. City of Rockford
Citations
- 2023 IL App (4th) 221111
Oral argument
- ListenArgued47 min recording
Source: CourtListener oral-argument corpus (CC0).
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that evidence seized pursuant to a warrant based on materially false and misleading information is inadmissible at trial
- holding that, in limited circumstances, accused is entitled to evidentiary hearing on veracity of search warrant affidavit
- holding that the burden is on the defendant when the validity of the warrant is challenged
- holding that the Fourth Amendment entitles a defendant to a hearing if he establishes a prima facie case that a search warrant affidavit included knowingly or recklessly false statements
- holding that where a defendant shows that a search warrant affidavit includes false statements necessary to the finding of probable cause, the search warrant is void
- holding that, under certain limited circumstances, a defendant is entitled under the Fourth Amendment to attack collaterally the veracity of a warrant affidavit in the context of challenging the existence of probable cause
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.