Category Archives: Franks doctrine

CA2: Correcting the alleged false statements in affidavit still leaves PC so officials have QI

Deleting the allegedly false information from the affidavit for search warrant leaving it as a “corrected” affidavit under Franks, there still was a fair probability for probable cause. That there might be other explanations doesn’t undermine probable cause. Therefore, defendants … Continue reading

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D.Nev.: Court gave a Franks hearing, but def didn’t make offer of proof to get one and failed on proof

Defendant got a suppression hearing to put on proof of a Franks violation, and he fails to show with any proof that the statements were reckless or material. Perhaps the court should have never ordered a hearing for a lack … Continue reading

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CA6: Alleged defect in state arrest warrant was irrelevant under the 4A where there was PC

Defendant’s arrest under a purportedly defective Georgia arrest warrant was irrelevant under the Fourth Amendment because there was plenty of probable cause for it. Specifically, defendant contended that the officers needed an incident report or something that showed probable cause … Continue reading

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D.Kan.: Def’s pulling arms from sweatshirt sleeves was RS for frisk since hands weren’t visible

The officer had reasonable suspicion for a frisk of defendant with a 4:30 am stop and having to turn his back on defendant to investigate what was going on. Importantly, defendant kept pulling his arms out of his sleeves of … Continue reading

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CA3: Def lacked standing to challenge search of co-def cell phone

Defendant lacked standing to challenge the search of a cell phone taken off a co-defendant that didn’t belong him. Besides, the search of that cell phone was valid. United States v. Brewer, 2017 U.S. App. LEXIS 18003 (3d Cir. Sept. … Continue reading

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D.Minn.: Omission of CI’s criminal history didn’t mislead magistrate or wasn’t material to PC finding

Failing to include the CI’s criminal history didn’t mislead the magistrate issuing the warrant, and there was probable cause in any event, even without including it. Moreover, the issuing magistrate would have to fairly conclude the CI had criminal involvement. … Continue reading

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CA5: Ptf in a 4A § 1983 case has to plead violation of a “clearly established right” to get over QI in complaint

Although an arrestee adequately alleged that members of a parish council and sheriff’s office maliciously conspired to prosecute him under an unconstitutional statute in retaliation for online comments about council members, his right was not clearly established because there was … Continue reading

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CA9: In a civil Franks claim, withheld SW affidavit tolls limitations until discovery

Plaintiff claimed judicial deception in obtaining search warrants for his home and computers over the death of his wife. When the state had the warrant affidavits sealed, the two year statute of limitations on his claim of judicial deception did … Continue reading

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N.D.Ga.: A Franks challenge has to be more than just an argument over interpretation of meaning of facts

When the Franks challenge is more of a different interpretation of facts, it doesn’t suffice. “And, frankly, Defendant is just arguing that a different interpretation should be placed on his conduct than Agent Cunningham’s interpretation – or most likely the … Continue reading

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CA9: § 1983 Franks violation: Ignoring alleged false statements still leaves PC

A search warrant was issued for alleged violations of the building code. Ignoring any alleged false statements that led to issuance of the search warrant, there still was probable cause. Gunnels v. Kenny, 2017 U.S. App. LEXIS 13204 (6th Cir. … Continue reading

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