Category Archives: Franks doctrine

S.D.N.Y.: Defense counsel’s affidavit of an alleged Franks violation was speculative

Defense counsel’s conclusion that a video at issue was the same one on a cell phone is speculative at best. “The Court concludes that the detective’s statement that the phone in the surveillance footage appears to be the same as … Continue reading

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E.D.Mich.: Def’s disclaiming ownership of cell phone when seized is a lack of standing, even when he claimed it after it rang

Defendant had no standing to challenge a search of a cell phone found in his car that he said belonged to his girlfriend. “Jackson does not deny that he disclaimed ownership of the phone at the time it was seized. … Continue reading

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CA5: Grounds to overcome GFE all have to be raised in the trial ocurt or waived

Defendant raises a ground to attempt to overcome the good faith exception, but he didn’t raise it in the district court, so it’s waived. United States v. Rosa, 2018 U.S. App. LEXIS 12276 (5th Cir. May 10, 2018). When defendant … Continue reading

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OH12: Def’s claim judge didn’t sign SW has zero evidentiary support

The defendant contended that the judge’s signature on the search warrant was false. The only testimony at the suppression hearing was that the judge signed it at home. The evidence supports the trial court’s finding. State v. Clayton, 2018-Ohio-1777, 2018 … Continue reading

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D.Alas.: Consent to search doesn’t include destruction of property in the search

The government got consent to search a package for drugs. That consent did not include cutting a candle in half to find the drugs. Consent to search doesn’t include destruction of property. United States v. Swenton, 2018 U.S. Dist. LEXIS … Continue reading

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VI: In a traffic stop, def delayed in getting out and made furtive movements; officer asked “what do you have there?” Answer [“Just some weed.”] wasn’t 5A violation under Berkemer

Defendant was stopped for passing on a double solid line. The officer called out through the vehicle PA for him to get out of the car, but he first fished around moving things. When the officer got to the window, … Continue reading

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AR: The right to counsel applies at suppression hearings

The right to counsel applies at suppression hearings. Defendant’s attempted waiver was ineffective. Shabazz v. State, 2018 Ark. App. 281, 2018 Ark. App. LEXIS 298 (May 2, 2018). The officer writing the affidavit misstated the evidence that another officer smelled … Continue reading

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IN: Thermal imaging SW was based on PC, then SW for house was, too

The police obtained a thermal imaging warrant, and it was based on probable cause, information from a CI that was corroborated. That led to a search warrant for the premises, and it was also based on collective knowledge of the … Continue reading

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CA10: Under the Franks doctrine, relevance doesn’t equate with materiality; district court erred in finding Franks violation from omission of report

Under the Franks doctrine, relevance doesn’t equate with materiality. Defendant was the target of a health fraud investigation with a detailed affidavit that omitted a reference to a letter from state regulators that made no reference to health care fraud. … Continue reading

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D.Mass.: Def made his Franks challenge at the suppression hearing; statement was reckless and completely undermined nexus to house

Defendant showed enough to get a Franks hearing. United States v. Roman, 2017 U.S. Dist. LEXIS 167167, 2017 WL 4517963 (D. Mass. Oct. 10, 2017). “Following the Franks hearing—which occurred on multiple days spread out between November of 2017 and … Continue reading

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S.D.Fla.: The fact FL law provides a reasonable expectation of privacy in bank records has nothing to do with an IRS summons

The fact Florida law provides a reasonable expectation of privacy in bank records has nothing to do with an IRS summons for bank records. Presley & Presley P.A. v. United States, 2018 U.S. Dist. LEXIS 65421 (S.D. Fla. Apr. 16, … Continue reading

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MA: Affidavit established MJ grow was for sale, not personal use

The affidavit for the search warrant established probable cause that defendant’s marijuana grow was for distribution and not for personal medical use. Commonwealth v. Richardson, 2018 Mass. LEXIS 236 (Apr. 17, 2018). The Franks challenge here was over an internet … Continue reading

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