People v. Horton

Mr. PRESIDING JUSTICE REARDON

delivered the opinion of the court:

The defendant, Edward Horton, having been charged with unlawful possession of a controlled substance (Ill. Rev. Stat. 1977, ch. 56½, par. 1402(b)) filed a motion to suppress evidence seized pursuant to the execution of a search warrant. The trial court granted the motion and the State appealed.

The trial court determined that probable cause for the issuance of the search warrant was lacking since the affidavit accompanying the complaint for the warrant failed to set forth the underlying circumstances from which the issuing judge…