Category Archives: Franks doctrine

IL: Franks falsity applies to the officer, not the CI; also, the CI testified before the issuing magistrate, and that bolsters credibility

“The deliberate falsity or reckless disregard of the truth applies only to the affiant—here, Officer Ramirez—and not to any nongovernmental informant like Rodriguez. … What is more, we note that both Officer Ramirez and Rodriguez appeared before the issuing judge, … Continue reading

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D.Del.: Evasiveness during a public intox arrest justified Terry frisk

Defendant was arrested for public intox and he became evasive including a request that his name not be run for warrants. That justified a Terry frisk. United States v. King, 2017 U.S. Dist. LEXIS 40213 (D. Del. March 21, 2017).* … Continue reading

Posted in Franks doctrine, Reasonable suspicion, Standing | Comments Off

E.D.Cal.: Def satisfies Franks burden to get a hearing because nexus in affidavit for SW is weak

Defendant satisfies the Franks preliminary showing of false or misleading statements about alleged victims to get a Franks hearing. The nexus requirement of the affidavit is just barely met, and the hearing could undermine the probable cause showing. United States … Continue reading

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CA10: Considering info omitted from SW affidavit, there was still PC and outcome wouldn’t change

There was probable cause for plaintiff’s arrest based on a co-conspirators statement. Omitted information was considered by the district court on the probable cause question, and this court agrees it wouldn’t change anything. Claeys v. Mohr, 2017 U.S. App. LEXIS … Continue reading

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S.D.Fla.: No Franks hearing: The omitted would only have added to PC

Defendant isn’t entitled to a Franks hearing: “The addition of the omitted information to the search warrant application would not have detracted from the probable cause and may very well have strengthened the probable cause stated in the affidavit.” United … Continue reading

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CA5: Ptf loses on his civil Franks claim because of a lack of materiality to PC

The affidavit for arrest warrant failed to include information that would undermine the credibility of the police informant, but the court finds that the omission was not material and there was other information that supported probable cause. Therefore, the officer … Continue reading

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CA6: Franks challenges subject to clearly erroneous standard of review; here, materiality not shown

The District Court’s findings under Franks are subject to the clear error standard of review. Here, the officer learned a new fact between the wiretap application and the search warrant application, and there is some surface appeal to apply Franks. … Continue reading

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M.D.Fla.: Franks challenge requires proffer by affidavit, not merely representations by counsel

Franks challenge requires an offer of proof by affidavit. Representations of counsel aren’t enough. United States v. Houston, 2017 U.S. Dist. LEXIS 558 (M.D.Fla. Jan. 4, 2017). After dealing with all the allegations:

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CA6: Where affidavit for SW referenced defendant’s arrests it was true: no duty to investigate how they came out

In the PC showing for a search warrant, the affiant doesn’t have to investigate every arrest of the defendant shown in a records check to determine outcomes that there was no convictions. The affiant didn’t assert convictions. At the suppression … Continue reading

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S.D.Ohio: More than a conclusory statement of recklessness or intent required for Franks hearing

Just because information is erroneous doesn’t get you a Franks hearing. More than a mere conclusion is required that the statement was recklessly or deliberately false. United States v. Kurtz, 2016 U.S. Dist. LEXIS 160356 (S.D.Ohio Nov. 18, 2016). Defendant … Continue reading

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