In my research and advice from an appeals attorney, when the validity of a search warrant is challenged, or defendant asserts the trial court erred in denying motion to suppress, the appeals court applies a de novo review.

four corners of the affidavit become scrutinized. what the issuing judge had his hands on at time of issuing warrant. there is no statement from police. just typed affidavit. I could provide copy of actual affidavit, but please trust above is fair and accurate summary.

The only actual true illegal contraband was in bag that did not contain indices and lacked nexus to residence. all other info from either tips, garbage, or electricity reports are conclusory and allegations. while the standard required for a search warrant is much less stringent, the facts still have to rise to substantial basis for probable cause. not just mere beliefs.

whatever found after the search, does not make a warrant without probable cause valid. Its easy to say well judge issued it so it must be valid... but there are thousands of search warrants deemed invalid later on. also many times an officer applies for warrant and judge tells them no, get me more inculpatory data.

In this case, when reading the affidavit, it is easy to miss contraband is in different bag. For those that are interested please take a look at this case, which confirms most of what I say.

http://caselaw.findlaw.com/il-court-...s/1487040.html