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Fourth Amendment – Search warrant for drugs lacked probable cause.

In People v. Miranda, 2012 Il App (2d) 100796, the appellate court found that a search warrant issued after a driver was arrested for DUI lacked probable cause to search for controlled substances but did contain probable cause to search for alcohol. The court found that the affidavit submitted by the police officer was insufficient to establish probable cause to search for controlled substances and also held that the police could not rely on the “good faith” exception because that affidavit so lacked probable cause that reliance on the warrant was unreasonable.