The presumption shifts the burden of proof. On a motion to quash, the burden is initially on defendant to establish the basis. 277 Ill. App. Even if we assumed that Garza improperly obtained the medical records, the State did not improperly issue its subpoenas. These rules apply when a defendant moves to exclude evidence obtained through illegal government conduct.
Defendant alleges no facts to support an inference that the State acted illegally.
The exclusionary rule deters government officials from violating constitutional rights. The conduct of private individuals, even if illegal, is not within the scope of fourth amendment protection against unreasonable searches and seizures. We held that the informant's tip supported probable cause to search defendant's apartment and did not run afoul of the fourth amendment. Defendant does not argue that Garza acted as an agent of the State. Garza, without prompting by a government official, gave incriminating medical records to the State's Attorney.