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Leave to cross-examine ITO affiant partially granted regarding connection between seized drugs and the accused.
The applicant, charged with possession of fentanyl for the purpose of trafficking, sought leave to cross-examine the affiant of an Information to Obtain (ITO) a search warrant in the context of a Garofoli review.
The applicant sought to question the affiant on the underlying warrantless vehicle search, a witness statement synopsis, and confidential informant information.
The court granted leave to cross-examine solely on the affiant's knowledge regarding the connection between the drugs found in the vehicle and the applicant or his residence.
Leave was denied regarding the constitutionality of the vehicle search, the witness statement, and the confidential informant, as cross-examination on those issues was not reasonably likely to assist the court in determining whether there was a basis for the warrant.
