Category Archives: Franks doctrine

CA1: Dist.Ct. erred in suppressing inventory which followed SOP

Defendant was stopped for a lane violation, and it turned out he had no DL. He wasn’t arrested but the vehicle was impounded and searched incident to that, even though defendant would likely go with the tow truck driver to … Continue reading

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N.D.Tex.: Def counsel wasn’t obliged to argue a Franks issue to the jury at trial; that’s presumptively strategy

Defense counsel wasn’t obliged to raise a Franks issue in closing argument. That’s quintessentially a strategic decision. “The Supreme Court has recognized that ‘judicious selection of arguments for summation is a core exercise of defense counsel’s discretion,’ and counsel ‘is … Continue reading

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M.D.Fla.: State court’s findings on PC [not appealed] not binding on federal court

A state court’s findings of lack of probable cause to proceed with some charges against the defendant isn’t binding on federal courts. “Based on the evidence presented at the hearing, including the 911 calls, bodycam footage, and the credible and … Continue reading

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FL1: Screen shot of of meth on a scale on driver’s cell phone permitted dog sniff during writing of traffic ticket

Defendant was stopped for a traffic offense, and he was unusually nervous. Sitting on his left leg was a cell phone with the screen on showing a picture of meth on a scale. That justified a dog sniff while a … Continue reading

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NJ adopts standard for additional discovery of a potential Franks violation

New Jersey adopts a specific preliminary showing requirement for additional discovery of a Franks violation. State v. Desir, 2021 N.J. LEXIS 127 (Feb. 9, 2021). From the syllabus:

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D.N.M.: Tracing IP address to def does not require affiant exclude all other Internet users in area

Defendant was charged with stalking a former boss. A disguised email was traced by metadata to defendant’s router. His computer was searched, and the email was found. The question of probable cause for the search warrant does not require the … Continue reading

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CA2: Later search of bag was inevitable discovery overcoming objection to first search

Even if the search of defendant’s bag was invalid, he was taken to the police station and his bag was validly searched again an inventory. United States v. Ruffin, 2021 U.S. App. LEXIS 3351 (2d Cir. Feb. 8, 2021). Defendant’s … Continue reading

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MD: 911 call led to plain view

911 was called by defendant’s mother about his possible cardiac arrest. When the officer arrived, defendant was alert and fine, and his drugs were in plain view. Their seizure was valid. Glanden v. State, 2021 Md. App. LEXIS 80 (Feb. … Continue reading

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ME: 18 yo son could consent to police entry

Defendant’s 18 year old son living in the home was reasonably believed to have authority to consent to an entry. Then the officers went to find defendant. State v. Glenn, 2021 ME 7 (Jan. 28, 2021). In the direct appeal, … Continue reading

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DE: Texting linked def’s cell phone to murder and was nexus for SW

“Second, the affidavits supported the Magistrate’s determination that there was a nexus between the murder and Defendant’s iPhone. The affidavits averred that Witness 2 texted Defendant throughout the day of the murder.” State v. Wilson, 2021 Del. Super. LEXIS 84 … Continue reading

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D.Idaho: Def’s PC challenge was really a Franks challenge and should be viewed like one

Defendant sought to challenge his search warrant as a lack of probable cause but couched it in terms that sounded like Franks. He needs to make this clear so the government can appropriately respond. United States v. McComas, 2021 U.S. … Continue reading

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S.D.N.Y.: Opinion in affidavit that amount of drugs involved was enough for distribution was not a Franks issue

The affidavit for a phone warrant for an electronic boarding pass was issued with probable cause. The affidavit statement that the amount of drugs was enough for “distribution” was neither false nor reckless, just because defendant disagrees with it. United … Continue reading

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CO: Officer executing SW on Dropbox can authenticate the production at trial

When a search warrant is executed on a Dropbox account, the seizing officer’s knowledge of the seizure can authenticate the production. People v. Abad, 2021 COA 6, 2021 Colo. App. LEXIS 89 (Jan. 28, 2021). Franks offer fails: “The facts … Continue reading

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M.D.Tenn.: SW affiants should err on side of more information, not less

“[T]he warrant affidavit established probable cause to search the Residence, based on a combination of the smell of marijuana emanating from the Residence and the marijuana stem recovered in the trash pull. The affidavit reveals that three different MNPD officers … Continue reading

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AR: Adding to PC argument on appeal wasn’t preserved

Defendant’s specific argument on appeal about the lack of probable cause was not presented to the trial court, so it’s not preserved for appeal. In a Franks part of the motion, the affidavit has to be read as a whole, … Continue reading

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CA4: Not every fact an affiant knows needs to go in a SW affidavit for Franks

The omission of some facts didn’t make out a Franks violation. Affiants for search warrants are not required to itemize every fact they know and omission of some, the nonmaterial, doesn’t make out a Franks violation nor undermine the probable … Continue reading

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