Suppose evidence was seized from your client during the execution of a signed search warrant and further suppose that you do not have a Franks issue. You might think its time to move on to a plea or trial but wait! If the sworn complaint for search warrant did not set out a showing of probable cause you can challenge the search and win if your judge follows the reasoning of trial court Thomas Tucker and Appellate Justices GARCIA and PATTI in People v Martinez S. Lenyoun, (1st District., 1st., Division No. 1-06-3696 6/28/10). But wait! Where does the 3rd Justice stand….with the State. That would be Justice LAMPKIN. Read the interesting majority opinion and Justice LAMPKIN’s dissenting opinion by clicking this link.
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