Category Archives: Franks doctrine

D.N.J.: “The goal is a difficult one to achieve because Franks is narrow in its scope and miserly in the relief it offers.”

After four days of suppression hearing on a Franks issue, the court doesn’t find the discrepancy to be deliberately false. “Put more directly: West doesn’t have the argument of reasonable doubt as to what the police said or did so … Continue reading

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N.D.Cal.: Failure to mention denial of a TRO in civil litigation over similar issue material enough to get Franks hearing

The fact a TRO had been denied in a civil case involving some of the same facts was potentially material under Franks, and he gets a Franks hearing. Also, defendants have no standing in the search of a co-conspirator’s home. … Continue reading

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AZ: CSLI order here in 2014 wasn’t a “warrant” but it complies with GFE

Also in a death penalty case, defendant’s CSLI was obtained by court order four years before Carpenter. The court finds that, while it wouldn’t treat the “order” as the functional equivalent of a search warrant [“reasonable grounds” wasn’t probable cause; … Continue reading

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D.Neb.: PC for def’s vehicle leaving the scene of a shooting led to nexus to his house

“As explained, witnesses saw a dark colored vehicle speeding away from the scene of the May 27, 2020 shooting and at least two witnesses believe the vehicle was a Nissan. At the same time, police surveillance puts Defendant’s gray Nissan … Continue reading

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E.D.Pa.: When dwelling was found to be multi-unit, the search was limited to the proper one; ER should not be applied because the officer acted in complete good faith

Defendant failed to make a substantial preliminary showing for Franks purposes that the officer recklessly disregarded the fact there could be two residential units in the building he was seeking the search warrant for. He reviewed property records and Google … Continue reading

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PA: CSLI warrant was particular with phone number and time, without name of owner

CSLI warrant was particular when it described the phone number and time period and didn’t have to name the phone owner. Commonwealth v. Davis, 2020 Pa. Super. LEXIS 885 (Oct. 23, 2020). The officer spent a week corroborating the CI, … Continue reading

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CA1: Gunshot from within while waiting for SW justified entry and sweep

Police froze and surrounded defendant’s home while they sought a search warrant. While they were waiting, a gunshot came from within, so they entered in response. The government satisfied inevitable discovery even though this protective sweep ended up in the … Continue reading

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N.D.Ga.: Reissuance of a better SW to Google after a motion to suppress wasn’t unreasonable

As to one challenged search of Google, when the government says it won’t use challenged evidence at trial, the motion to suppress becomes moot. A motion to suppress another search warrant to Google led to reissuance of a search warrant … Continue reading

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AF: Franks violation led to exclusion

Defendant showed a Franks violation for a reckless statement for a search authorization of his room for marijuana. Balancing the interests, the exclusionary rule would be applied. United States v. Hernandez, 2020 CCA LEXIS 362 (A.F. Ct. Crim. App. Oct. … Continue reading

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CA4: Potentially glaring Franks claim proved immaterial

Defendant’s Franks claim was based on the fact that one Blount lived at the place to be searched, and Blount was associated with 7 addresses. Blount, however, had been in prison and couldn’t have lived there for a while. Nevertheless, … Continue reading

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N.D.Ohio: Paraphrasing and not quoting what a witness said isn’t a Franks violation

“Jones offers a laundry list of complaints about the text of the search warrant affidavit: … [¶] Jones fails to make a ‘substantial preliminary showing that specified portions of the affiant’s averments are deliberately or recklessly false.’ [Officer] Brotherton did … Continue reading

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D.Minn.: Apparent typo in a telephone number in a search warrant isn’t a Franks violation

An apparent typographical error in a telephone number in a search warrant isn’t a Franks violation. United States v. Green, 2020 U.S. Dist. LEXIS 174674 (D. Minn. Sept. 23, 2020). Filter teams to protect privileged material are not per se … Continue reading

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IA: All exculpatory evidence doesn’t have to be presented to issuing magistrate under Franks

“Case failed to make a preliminary showing to warrant a Franks hearing. See Baker, 925 N.W.2d at 615 (‘[A]n officer applying for a search warrant is not required to present all inculpatory and exculpatory evidence to the magistrate, only that … Continue reading

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CA5: When multiple SW applications were presented together, the others supported a “sparse” one

One affidavit of many involving the multiple search warrants presented at the same time was “sparse” but the issuing magistrate could rely on the totality. Reversed and remanded, however, for a Franks review which the district court declined to do. … Continue reading

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CA3: Merely pleading snitches are unreliable isn’t a Franks offer of proof

“Rodriguez-Colon does not meet this [Franks] requirement. His challenge contains no offer of proof and merely questions the general reliability of confidential sources. For instance, he argued to the District Court that if granted a hearing, “[i]t is anticipated that … Continue reading

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CA5: § 1983 4A claim that evidence was inadmissible at trial was Heck barred, and then waived on appeal

Plaintiff’s § 1983 Fourth Amendment claim was framed as a claim the evidence was inadmissible at trial. Thus it was barred. His appeal was over denial of IFP status, which was also denied, and he waived the Fourth Amendment claim … Continue reading

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