Category Archives: Franks doctrine

CA1: SW affidavit’s misstatements were careless at worst and not material to finding of PC

Defendant did not make the required showing that the search warrant affidavit misstatement that a black Volvo with the key license plate number was seen in the area of the fifth robbery was made intentionally rather than merely out of … Continue reading

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CA2: In a § 1983 case alleging lack of PC from omission of information to issuing magistrate, it’s ptf’s burden

In this § 1983 case there was probable cause for issuance of an animal abuse warrant. To argue the probable cause was tainted by omission of information, plaintiff carries the burden, and here she failed. Kanciper v. Lato, 2017 U.S. … Continue reading

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MD: Def agreed to postpone suppression hearing until trial and then didn’t bring it up; invited error and not preserved

Defendant failed to preserve his Fourth Amendment claims for appeal. You don’t get a hearing just by asking. He didn’t make a proffer in his Franks motion which was enough to deny it. Then, whatever issue was left, the defense … Continue reading

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D.Mass.: Def’s quibbling in a Franks challenge is insufficient: “I’m just a ‘drug dealer’ not a ‘drug trafficker.’”

Defendant is quibbling rather than making a bona fide Franks argument that he was arraigned 11 times not 10 on other drug cases and that he was a “drug trafficker” when he insists he is just a “drug dealer.” One … Continue reading

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CA8: Def failed to show omission of CI’s background would have vitiated PC

“Claybron argues that the omission of the confidential informant’s background information weighed so heavily on her credibility that, had it been considered, the warrant would not have issued. ‘We review the trial court’s findings of fact for clear error and … Continue reading

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RI: Cell phone SW aff omission of reference to 300 other text messages to and from others wasn’t material for Franks

Omission of the fact that there were 300 text messages from the affidavit for search warrant between defendant’s text to victim and acquiring the phone was not material for probable cause purposes. Omission of references to others wasn’t material: “Although … Continue reading

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W.D.Ky.: Lack of detail in a report on a knock-and-talk didn’t amount to a material omission for Franks purposes

A Franks challenge requires affidavits or other sworn testimony as an offer of proof. Franks, 438 U.S. at 171. Defendant doesn’t provide any. On the merits of the search and seizure claim, it started with a knock-and-talk, and they are … Continue reading

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CA11: Franks challenge fails; officer’s frank admission of mistake [apparently] helped show mere negligence in including it

The mistake in the affidavit was just negligent and it didn’t undermine the probable cause at all. Besides that, there was an independent source for all the information in the warrant that was probable cause. United States v. Reddick, 2017 … Continue reading

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GA: Def not compelled to perform breath tests, so no self-incrimination issue

Defendant was not compelled to perform breath tests, so the Fifth Amendment’s self-incrimination clause did not apply. State v. Council, 2017 Ga. App. LEXIS 531 (Oct. 30, 2017).* In a Franks challenge, “The Court is tasked with reassessing the probable … Continue reading

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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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