◆ SpookStack

Nos. 77-1698, 77-1210 & 77-1370 61 liability under the Jmbler doctrine. Similarly, the ac- tivities of Jalovec, Sorosky, and Meltreger at the IID hearing are absolutely immune. All the remaining ac- tivities of the defendants in this controversy are protected only by a qualified immunity, and a deter- mination of whether their actions satisfy the conditions for this defense must await the retrial. VI VALIDITY OF THE SEARCH WARRANT The police officers who went to 2337 West Monroe Street on December 4, 1969 were acting pursuant to a warrant issued by a Cook County circuit judge. The warrant was supported by an affidavit in which Groth stated that a reliable informant had provided informa- tion that illegal weapons were present in the Monroe Street apartment. Groth’s complaint for the search warrant further stated that Jalovec told Groth that he too had a conversation with a reliable informant who told him that illegal weapons were stored in the apartment. The plaintiffs seek disclosure of the identity of Groth’s informant.’ The plaintiffs contend that only disclosure of the identity of Groth’s informant—if, in fact, one exists—will permit a full inquiry into whether probable cause existed for the issuance of the warrant. If Groth did not have an informant, or his informant did not provide the information contained in the affidavit, or the informant was unreliable, the validity of the warrant would be in jeopardy and plaintiffs’ Fourth Amendment violation claims would be strengthened.® Further, 37 The identity of Jalovec’s “informant” has already been dis- closed. In fact, Jalovec did not have an informant who saw the weapons in the apartment. Instead, Jalovec was told about the weapons by Mitchell, who in turn had learned about the weapons from his informant, O’Neal. O’Neal’s_ identity was disclosed several years after these events by the United States Attorney for the Northern District of Illinois in an unrelated criminal case. 88 The credibility of the affidavit to the warrant has already been undermined by the evidence that Jalovee did not have an informant and was relying on information which Mitchell had (Footnote continued on following page)