Category Archives: Franks doctrine

E.D.Wis.: Franks hearing denied; even if what def says is true, PC not undermined

Defendant makes a Franks challenge to events recounted from one day in the time line, which the court finds not material to the ultimate showing of probable cause. Therefore, there was an insufficient preliminary showing for a hearing. United States … Continue reading

Posted in Consent, Franks doctrine | Comments Off on E.D.Wis.: Franks hearing denied; even if what def says is true, PC not undermined

D.Alaska: No Franks duty to tell issuing magistrate of failed challenges to same CP search software elsewhere

The FBI agent applying for the search warrant had no Franks duty to tell the issuing magistrate that Torrential Downpour, the software they were using, had been challenged elsewhere where the challenges had failed. United States v. Schwier, 2020 U.S. … Continue reading

Posted in Franks doctrine, Motion to suppress | Comments Off on D.Alaska: No Franks duty to tell issuing magistrate of failed challenges to same CP search software elsewhere

W.D.Wash.: Specialized P2P software for a CP search doesn’t otherwise create a REP issue that doesn’t exist

The government’s use of specialized software to search peer-to-peer files didn’t create a reasonable expectation of privacy claim. “RoundUp, software with certain technological modifications to a public, open-source P2P network sharing client, is designed to access public files that individuals … Continue reading

Posted in Franks doctrine, Reasonable expectation of privacy | Comments Off on W.D.Wash.: Specialized P2P software for a CP search doesn’t otherwise create a REP issue that doesn’t exist

D.P.R.: Search of room six hours before SW issued (not to mention lies about it) leads to suppression

The search of defendant’s room was six hours before the search warrant was issued. It was an investigative search and not a protective sweep. The officer admitted that he was looking for something to put in the affidavit for the … Continue reading

Posted in Exclusionary rule, Franks doctrine | Comments Off on D.P.R.: Search of room six hours before SW issued (not to mention lies about it) leads to suppression

N.D.Ohio: Controlled buy is PC; CI’s alleged lie isn’t Franks issue

A controlled buy was probable cause. The claim that the CI lied isn’t cognizable under Franks. United States v. Sheridan, 2020 U.S. Dist. LEXIS 36163 (N.D. Ohio. Mar. 3, 2020). There were disputed questions of fact on whether it was … Continue reading

Posted in Franks doctrine, Informant hearsay, Qualified immunity, Stop and frisk | Comments Off on N.D.Ohio: Controlled buy is PC; CI’s alleged lie isn’t Franks issue

NC: Ordering traffic detainee to get in police car and shut door after stop should have been over unreasonably extended it

The officer unreasonably extended the stop past the time for resolving the alleged traffic violations. He told defendant to get into the police car, and defendant did, but left the passenger door open with his right leg out. The officer … Continue reading

Posted in Franks doctrine, Reasonableness | Comments Off on NC: Ordering traffic detainee to get in police car and shut door after stop should have been over unreasonably extended it

D.P.R.: Franks motion that only sets up a “swearing match” for witnesses is inadequate

Defendant’s unsworn motion for a Franks hearing fails to identify the materiality of the alleged misstatement and that it was knowingly false. Setting up a “swearing match” for a hearing doesn’t satisfy Franks. United States v. Figueroa-Rivera, 2020 U.S. Dist. … Continue reading

Posted in Franks doctrine | Comments Off on D.P.R.: Franks motion that only sets up a “swearing match” for witnesses is inadequate

TX9: Witness and ADAs allegedly providing false information for SWs are absolutely immune from civil cases

Witnesses who had provided affidavits in the underlying criminal case were entitled to absolute witness immunity, regardless of whether they gave false testimony. Prosecutors in that case who allegedly participated in falsifying evidence and writing a perjured search warrant were … Continue reading

Posted in § 1983 / Bivens, Franks doctrine | Comments Off on TX9: Witness and ADAs allegedly providing false information for SWs are absolutely immune from civil cases

E.D.Wis.: There were false statements in the boilerplate, but they weren’t material

The USMJ determined that defendant made his burden of showing material falsity in the boilerplate information in the affidavit for search warrant and granted a Franks hearing. In a really long opinion, the USDJ agrees with the falsity but finds … Continue reading

Posted in Franks doctrine | Comments Off on E.D.Wis.: There were false statements in the boilerplate, but they weren’t material

S.D.Ga.: Search incident of def’s room on his arrest was valid even though he’d just been removed

The search incident of defendant’s room was valid because it occurred shortly after his arrest when he was still there, despite his being handcuffed which doesn’t per se make a search incident invalid. “Because defendant failed to allege facts which, … Continue reading

Posted in Franks doctrine, Search incident | Comments Off on S.D.Ga.: Search incident of def’s room on his arrest was valid even though he’d just been removed

OH8: No IAC for not arguing prior authority should be overruled

Appellate counsel wasn’t ineffective for not arguing that a prior decision should be overruled when it would not likely be. State v. Newton, 2020-Ohio-376, 2020 Ohio App. LEXIS 340 (8th Dist. Jan. 30, 2020).* Defendant’s claims of deficient performance were … Continue reading

Posted in Franks doctrine, Ineffective assistance | Comments Off on OH8: No IAC for not arguing prior authority should be overruled

OH12: Officer’s objectively reasonable mistake as to traffic violation will support stop

The dashcam didn’t catch defendant’s lane violation because the officer saw it through the driver’s window. The trial court credited that a traffic violation supported the stop. Even an objectively reasonable mistake as to the traffic offense supports the stop, … Continue reading

Posted in Franks doctrine, Reasonableness | Comments Off on OH12: Officer’s objectively reasonable mistake as to traffic violation will support stop