Category Archives: Franks doctrine

CA7: Def seen on his way to a controlled buy was PC

There was probable cause for the search of defendant’s car stopped on the way to a controlled buy. United States v. Coates, 2023 U.S. App. LEXIS 6108 (7th Cir. Mar. 15, 2023).* Unreasonable responses from defendant stopping at a salvage … Continue reading

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CA10: Overlong stop didn’t cause independent search incident

Defendant was subjected to a search incident for false identification. His overlong stop otherwise didn’t cause that. United States v. Anderson, 2023 U.S. App. LEXIS 5997 (10th Cir. Mar. 14, 2023).* “Teixeira struggles to throw shade on the reliability of … Continue reading

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CA3: SWs based on inference alone risk failing on nexus; here, however, GFE applies

The affidavit could have been stronger because more information was available and not provided the USMJ. All things considered, it wasn’t so devoid of probable cause that the good faith exception applies. The court cautioned: “As Magistrate Judges may draw … Continue reading

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OH6: Officer coming to front door to knock who pauses to listen to voices inside doesn’t violate 4A

On a DV call, the officer approached the front door of defendant’s house to knock, but he paused to listen to voices inside. That listening before knocking was not an unreasonable search. State v. Kunkle, 2023-Ohio-661, 2023 Ohio App. LEXIS … Continue reading

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CA9: “Clearly established law” in one sentence

“Cardenas has not identified any case holding that police officers violated the Fourth Amendment by making an arrest under similar circumstances, and we are not aware of any such case.” Cardenas v. Saladen, 2023 U.S. App. LEXIS 5091 (9th Cir. … Continue reading

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WaPo: Jury awards Va. teacher $5 million over wrongful sex abuse case [Franks violation omitting alibi]

WaPo: Jury awards Va. teacher $5 million over wrongful sex abuse case by Tom Jackman (The arrest and search warrant affidavit violated Franks because it alleged phone records backed up the young man’s claims, but they were never checked or … Continue reading

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M.D.Ga.: No standing in packages sent to one’s address but with all different names on them

Defendant failed to show standing in packages searched coming to an address he claimed as his “primary address,” but the addressee and sender were not him. United States v. Williams, 2023 U.S. Dist. LEXIS 26755 (M.D. Ga. Feb. 16, 2023). … Continue reading

Posted in Franks doctrine, Mail and packages, Standing, Warrant papers | Comments Off on M.D.Ga.: No standing in packages sent to one’s address but with all different names on them

E.D.Va.: Search of cell phone at school for explicit photos of 14-year-old reasonable under T.L.O.

A 13-year-old male student was showing explicit pictures of a 14-year-old girl on his phone at school. The search of the phone by school officials was reasonable under T.L.O., and it led him to juvenile court. O.W. v. Sch. Bd. … Continue reading

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D.Alaska: Def’s Franks motion is granted; PC lacking without false statements

The motion to suppress for a Franks violation is granted. The officer made several material recklessly false statements in support of the probable cause. United States v. Wallace, 2023 U.S. Dist. LEXIS 21659 (D. Alaska Feb. 8, 2023).* There was … Continue reading

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M.D.Ala.: A Franks challenge that appears only to be an attempt to examine the CI fails

Defendant’s Franks challenge fails on recklessness. Moreover, it really is just a desire to cross-examine the CI. “Neal’s request for a Franks hearing also falls short for a separate, independent reason: contrary to the requirements of Franks, Neal’s application for … Continue reading

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IL: Circumstances made SW affidavit admissible at trial

The trial court abused its discretion in not permitting the defense to use the search warrant affidavit at trial that showed the warrant was targeting another person for other things other than what was found. The court cautions this may … Continue reading

Posted in Admissibility of evidence, Franks doctrine, Informant hearsay, Reasonable suspicion | Comments Off on IL: Circumstances made SW affidavit admissible at trial

W.D.Ky.: Search warrant affiant’s reference to water emoji wasn’t false or misleading; it here referred to meth, not sex

Defendant’s Franks motion fails. Defendants’ use of a water emoji could have been a reference to sex, but it could also be a reference to methamphetamine, as has come up in police training and in other cases such as United … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, GPS / Tracking Data, Seizure | Comments Off on W.D.Ky.: Search warrant affiant’s reference to water emoji wasn’t false or misleading; it here referred to meth, not sex

D.N.J.: Civilly committed for NGBRI verdicts have no 4A rights in their cells

The civilly committed for NGBRI verdicts have no Fourth Amendment against cell searches. Lopez v. CEO of Ancora Psychiatric Hosp., 2023 U.S. Dist. LEXIS 12248 (D.N.J. Jan. 24, 2023), citing Glazewski v. Barnett, 2022 WL 2046921, at *3-4 (D.N.J. June … Continue reading

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M.D.Ga.: Officer isn’t obliged to mention he could smell marijuana coming from the car

An officer smelling marijuana in a car isn’t obliged to tell the motorist he could for it to be true. United States v. Perkins, 2023 U.S. Dist. LEXIS 10564 (M.D. Ga. Jan. 19, 2023). At worst, the officer’s false statement … Continue reading

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S.D.N.Y.: Pending recalculation of time on parole didn’t affect legality of parole search

Defendant’s state remaining parole time was subjected to recalculation but it hadn’t happened by the time of the parole search based on a tip he had a firearm. Therefore it was reasonable. Alternatively, it was by consent. United States v. … Continue reading

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DE: State habeas not for 4A claims

A state habeas petition is not how one presents a Fourth Amendment claim. Chrisden v. State, 2023 Del. LEXIS 17 (Jan. 13, 2023). Defendant’s traffic stop was factually justified. The smell of marijuana and his admissions gave probable cause to … Continue reading

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CA6: Water heard running in hotel room bathroom supported exigency for avoiding destruction of evidence

Water heard running in the bathroom of a hotel room justified entry to avoid potential destruction of evidence. United States v. Hill, 2023 U.S. App. LEXIS 785 (6th Cir. Jan. 11, 2023). Defendant’s Franks challenge doesn’t undermine the two critical … Continue reading

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IA: State failure to object to lack of Franks preliminary showing results in hearing, but def fails anyway

Defendant got a Franks hearing without an adequate showing, and the state didn’t object. So the court of appeals considers the showing at the hearing over the state’s objection, and defendant fails to show recklessness or intentional false statement or … Continue reading

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D.N.J.: No 6A right to have counsel present at execution of a DNA warrant in the jail

There is no Sixth Amendment right for counsel to be present when a DNA sample is taken from defendant at the jail by warrant. United States v. Hubbard, 2023 U.S. Dist. LEXIS 3661 (D.N.J. Jan. 9, 2023). CBP had reasonable … Continue reading

Posted in Border search, Computer and cloud searches, DNA, Franks doctrine, Prison and jail searches | Comments Off on D.N.J.: No 6A right to have counsel present at execution of a DNA warrant in the jail

CA7: Ptf’s civil Franks claim survives SJ because it stated a claim

“Here, a reasonable jury could find that Buonadonna intentionally or recklessly included material false statements and withheld material exculpatory information. Buonadonna admits that he read the protective order and knew that it did not bar communication between Klein and Salatas. … Continue reading

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