People v. Smith

The State appeals from an order of the trial court sustaining the motion of defendant, Hal Smith, to quash a search warrant and suppress the evidence seized under its authority. (Ill. Rev. Stat. 1977, ch. 110A, par. 604(a)(1).) The issue on appeal is whether the complaint for the search warrant alleges facts sufficient to justify a finding of probable cause for the issuance of that warrant.

On October 18, 1977, Special Agent John Phillips, from the Division of Investigation of the Illinois Department of Law Enforcement, prepared a two-page complaint for a search warrant for defendant and the…