Ya, but in this my case
"[C]ases which concern the credibility of hearsay informants have no relevance to a case such as that presented here, where the informant appears before the issuing judge. [Citation.] When the informant appears before the judge issuing the search warrant, the informant is under oath and any statement which he makes is subject to that oath; moreover, the judge has the opportunity to personally observe the demeanor of the informant and to assess the informant's credibility." Phillips, 265 Ill. App. at 448.
The Phillips court went on to hold that, when the informant appears before the magistrate, it is not even necessary for the police to corroborate the informant's account since "the judge issuing the search warrant ha an opportunity to *** determine the basis of [the informant's] knowledge." Phillips, 265 Ill. App. at 448.
Thus, since John Doe appeared before the magistrate to testify surrounding the allegations contained in the complaint for the search warrant of the second-floor apartment at 4849 S. Honore, this case falls outside the scope of Franks. Therefore, there was no error on the part of the circuit court in denying defendant a Franks evidentiary hearing.
so pretty much because he went in front of the judge it doesnt matter he doesnt have to establish pc to get the warrant..
"[C]ases which concern the credibility of hearsay informants have no relevance to a case such as that presented here, where the informant appears before the issuing judge. [Citation.] When the informant appears before the judge issuing the search warrant, the informant is under oath and any statement which he makes is subject to that oath; moreover, the judge has the opportunity to personally observe the demeanor of the informant and to assess the informant's credibility." Phillips, 265 Ill. App. at 448.
The Phillips court went on to hold that, when the informant appears before the magistrate, it is not even necessary for the police to corroborate the informant's account since "the judge issuing the search warrant ha
Thus, since John Doe appeared before the magistrate to testify surrounding the allegations contained in the complaint for the search warrant of the second-floor apartment at 4849 S. Honore, this case falls outside the scope of Franks. Therefore, there was no error on the part of the circuit court in denying defendant a Franks evidentiary hearing.
so pretty much because he went in front of the judge it doesnt matter he doesnt have to establish pc to get the warrant..
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kind regards from a guineapig 
