Category Archives: Franks doctrine

CA7: Franks is settled law, and false statements to procure arrest warrant denied qualified immunity

Plaintiff stated a Franks claim that his arrest warrant was based on false evidence and omitted exculpatory evidence. The officer is denied qualified immunity. Rainsberger v. Benner, 17 2521 (7th Cir. Jan. 15, 2019):

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CA6: One doesn’t get a Franks hearing without a proper showing; it’s not the way to test the argument

Defendant’s Franks argument in the district court didn’t argue that probable cause would be lacking. The search warrant affidavit as a whole shows probable cause. “On appeal, Fuller does not contend that he made the requisite ‘substantial preliminary showing,’” and … Continue reading

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D.Nev.: CI’s alleged (and unsupported) false statement isn’t a Franks violation; has to be the affiant’s

Defendant claims a Franks violation because the CI is believed to be Rudnick, and Rudnick has credibility problems. Defendant doesn’t allege what is false to even get a hearing. Besides, Rudnick is the CI and not the affiant. Denied. United … Continue reading

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ID: Def counsel’s refusal to say officers attempted to mislead the issuing magistrate was fatal to Franks claim

Defendant entered the Pocatello federal courthouse with a backpack. The x-ray scanner revealed a meth pipe, and the local police were called. After police searched the backpack and found meth, they went to defendant’s pickup truck, placed the backpack in … Continue reading

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OR: Using cell phone while driving is PC for a stop

Pushing buttons on a cell phone while driving was probable cause for a stop. State v. Pham, 295 Ore. App. 322, 2018 Ore. App. LEXIS 1572 (Dec. 14, 2018).* Defendant questions a representation of the officer in the probable cause … Continue reading

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D.Neb.: Def motion for SW materials denied for time being; ongoing investigation

Where there is a First and Fourth Amendment and common law right to discovery of search warrant materials, Supplemental Rule G also provides for it for forfeiture. Here, however, the government shows in camera that disclosure now would jeopardize an … Continue reading

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CA6: Def’s IAC argument that suppression argument could have been better made fails because it wouldn’t prevail in any event

“Maurice Carter pled guilty to a variety of sex crimes and received a twenty-year prison sentence. He now petitions for habeas relief. Carter alleges his attorneys were constitutionally ineffective for failing to make the best arguments for suppression of key … Continue reading

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KS: Even with roadside Miranda violation, PC still exists under the 4A without the statement

Defendant’s statement at the side of the road was taken in violation of Miranda and should have been suppressed. This does not affect, however, the Fourth Amendment analysis of whether there was probable cause because there was without the statement. … Continue reading

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D.Minn.: Def succeeds in his Franks offer of proof; PC doubtful

Defendant succeeds in his Franks offer of proof. The omitted information undermines probable cause, and a hearing will be held. United States v. Reed, 2018 U.S. Dist. LEXIS 206986 (D. Minn. Dec. 7, 2018):

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DE: No REP in shared Facebook photos

“Moreover, Harris’ contention that his public Facebook photos were ‘illegally seized’ has no merit.” There is no reasonable expectation of privacy in a shared social media post. Harris v. State, 2018 Del. LEXIS 540 (Dec. 3, 2018). Defendant argued that … Continue reading

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LA: False statement in affidavit passed from another officer was harmless on PC question

The statement the officer used in the affidavit came from another officer. At worst it was negligent and not an intentional misrepresentation. No matter what, however, it doesn’t undermine the probable cause, so the motion was properly denied. State v. … Continue reading

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W.D.Mo.: Boilerplate Franks claim fails on its face

“The defendant’s boilerplate claim that the ‘information used to obtain the search warrant from the Circuit Court judge was flawed with false allegation….’, … does not meet the Franks test for a hearing.” “While defendant did not explicitly argue that … Continue reading

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