People v. O'Toole

The State appeals from the trial court’s order allowing an evidentiary hearing pursuant to Franks v. Delaware (1978), 438 U.S. 154, 57 L. Ed. 2d 667, 98 S. Ct. 2674, and granting the motion to suppress evidence against the defendant, Robert O’Toole. Defendant was charged with possession and possession with intent to deliver 500 grams of cannabis (Ill. Rev. Stat. 1985, ch. 56V2, pars. 704(e), 705(e)), which was seized from his home pursuant to a search warrant. The trial court found that the defendant showed by a preponderance of the evidence that perjury or reckless disregard for the truth…