People v. Lucente

In People v. Lucente, 116 Ill. 2d 133, 148, 506 N.E.2d 1269, 1275, 107 Ill. Dec. 214 (1987), unlike Franks, the information in the officer's warrant affidavit was based entirely on information from a confidential informant. Concerned that in such a case a defendant could not interview the informant to determine whether an officer lied in his affidavit, the Illinois Supreme Court concluded that in some circumstances a claim that someone lied, either informant or officer, may establish a preliminary showing under Franks. Lucente, 116 Ill. 2d at 148-50, 506 N.E.2d at 1275-76. A determination as to whether there has been a substantial preliminary showing in a given case "must be based upon a careful balancing of the statements in the warrant affidavit versus those in support of the defendant's challenge to the warrant." Lucente, 116 Ill. 2d at 152, 506 N.E.2d at 1277. At the hearing stage, however, the defendant must prove that the officer intentionally lied or acted with reckless disregard for the truth. Lucente, 116 Ill. 2d at 150, 506 N.E.2d at 1276.