Category Archives: Franks doctrine

D.N.M.: No GFE for a Franks violation

Defendant met his Franks burden and showed a false statement in the affidavit for search warrant that was material to the probable cause finding. The statement was from the chief to the affiant. Finally, there is no good faith exception … Continue reading

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OH3: Parole search authority is statutory, not coerced consent

The parole search statute governs parole searches. It is not a matter of coerced consent. State v. Harrison, 2024-Ohio-884, 2024 Ohio App. LEXIS 816 (3d Dist. Mar. 11, 2024). Civil Franks violation: “The omission of the full timeline is material … Continue reading

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MA: “Any persons present” clause in SW permitted search of one who left before search but hung around

“We conclude that a search warrant authorizing a search of ‘any person present’ allows a search of any person present in the property to be searched during the execution of the search warrant, including persons present during the execution but … Continue reading

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N.D.Ala.: By the time the drug dog entered the car, there already was PC

The drug dog entered the car on the second attempt. But defendant left the door open, and the smell of marijuana was evident. The officer held the dog back in case there was something hazardous in the car. Still, not … Continue reading

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E.D.Pa.: In a cell phone search, cached data was within the “electronic data or memory features” of the phone as provided by the SW

Cached data on defendant’s cell phone is included in “[a]ll documents, including in electronic form, and stored communications including … photographs, videos, and any other electronic data or other memory features contained in the devices and SIM cards[.]” The search … Continue reading

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NJ: Prior knowledge def probably had drugs in car didn’t require SW, and automobile exception still applied

Prior knowledge defendant might have marijuana in his car didn’t require the police to get a search warrant for the car. The automobile exception still applied. [Eight months afterward, NJ legalized marijuana.] State v. Baker, 2024 N.J. Super. LEXIS 24 … Continue reading

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CA10: Evidence obtained by state in prosecution later barred by McGirt still with good faith

Defendant was originally prosecuted in Oklahoma state court for murder. After McGirt v. Oklahoma, he moved to set aside the Oklahoma conviction as being obtained without jurisdiction. In federal court, he moved to suppress the evidence obtained by the state … Continue reading

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D.Kan.: Cross-designated state-federal officer was “federal officer” for assault charge during execution of SW

Assaulting a state officer cross-designated as a federal officer qualified for assaulting a federal officer during execution of a search warrant. United States v. Butler, 2024 U.S. Dist. LEXIS 36172 (D. Kan. Mar. 1, 2024). The state courts did not … Continue reading

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CA11: CoA granted on 2255 4A claim based on alleged prosecutorial misconduct

2255 appellant gets a certificate of appealability for the district court’s possible misapprehension of the Fourth Amendment issue he raised which included a prosecutorial misconduct claim. Jones v. United States, 2024 U.S. App. LEXIS 4629 (11th Cir. Feb. 27, 2024):

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C.D.Cal.: Franks challenge succeeds in FIPF case

The search warrant for felon in possession was based on the officer affiant’s assertion defendant was a convicted felon but it was based on evaluation of paperwork from Georgia that showed he was a first offender without judgment of guilt … Continue reading

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OH2: Allegation that search occurred before SW issued is not a Franks issue

“A second problem is that the foregoing scenario does not raise a Franks issue. If Detective Saunders did prematurely enter the house without a warrant, he may have violated the Fourth Amendment. But that act would not establish any falseness … Continue reading

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WV: Police looking at the exterior of defendant’s car was not a search and violated no REP

Police looking at the exterior of defendant’s car was not a search and violated no reasonable expectation of privacy. State v. Estep, 2024 W. Va. LEXIS 92 (Feb. 20, 2024).* The trial court granted a Franks motion, but the state … Continue reading

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KY: Misstatements of law not subject to Franks challenge

A misstatement of law is not subject to a Franks challenge. Search warrant affidavits are usually drafted in a hurry by nonlawyers, and it’s up to the issuing magistrate to decide whether there is a substantial basis for believing a … Continue reading

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DE: Def can’t show vindictive prosecution to get names of those who allegedly provided false information to police for SW of public records

In a case involving a public official accused of misappropriating funds, there was a search warrant for office records. She claimed she was entitled to the names of those who might have provided false information to investigators for the warrant … Continue reading

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FL2: Suppression under Franks reversed; not material to PC

Defendant established that there were false statements in the affidavit for warrant that ran the full spectrum from negligence to likely intentionality. But probable cause remained, even excluding what was challenged. “While the temptation to advance the prophylactic purpose of … Continue reading

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E.D.Cal.: Affidavit for SW for def being a prohibited person for firearms possession doesn’t have to allege interstate commerce nexus

A warrant was issued for defendant’s home in California for proof of travel to the Jan. 6 riot at the Capitol. Officers found firearms and defendant was a prohibited person because of domestic violence orders. On the firearms warrant, it … Continue reading

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CA8: Failure to mention CI’s convictions or payments for information wasn’t material

The warrant affiant’s failure to mention the CI was paid or had convictions wasn’t material to change the outcome of the probable cause determination. With CIs, things like that can be assumed. United States v. Riaski, 2024 U.S. App. LEXIS … Continue reading

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N.D.Cal.: Failure to pursue alleged traffic violation made stop unreasonable

Defendant was stopped ostensibly for a traffic violation, and he was handcuffed and the officers literally did nothing to investigate that–they didn’t even ask for his license and registration. Despite the fact Whren says pretext doesn’t matter, that lack of … Continue reading

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IA: RS: “cries of ‘please help me, don’t hurt me’ could lead an officer to infer that an assault is taking place”

Caller’s “cries of ‘please help me, don’t hurt me’ could lead an officer to infer that an assault is taking place.” That was reasonable suspicion. State v. Sinclair, 2024 Iowa App. LEXIS 74 (Ct. App. Jan. 24, 2024). “Cordova argues … Continue reading

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SD: Failure to put SW materials in record means trial court presumed correct

There were two search warrants for location data and defendant’s cell phone. Without the search warrant materials in the appellate record, there’s nothing to review and the trial court is assumed to be correct. State v. Horse, 2024 S.D. 4, … Continue reading

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