Category Archives: Franks doctrine

CNN: Two former Houston police officers indicted after botched raid that killed two people [they lied to get no-knock]

CNN: Two former Houston police officers indicted after botched raid that killed two people by Konstantin Toropin:

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N.D.Iowa: Def sought Franks hearing but got a separate suppression hearing which led to his losing on merits of Franks claim

Defendant got a suppression hearing, but not yet a Franks hearing. The USMJ was “on the fence” about whether a Franks hearing was required. Ultimately the findings of fact and conclusions of law supported a lack of materiality on the … Continue reading

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D.Minn.: R&R rejected; granting Franks motion without a hearing was error because alleged false statement had two interpretations

The USMJ’s failure to conduct a Franks hearing in recommending a motion to suppress be granted was erroneous. The challenged statement was subject to two interpretations. “Faced with this situation, a Franks hearing would have allowed the Magistrate Judge to … Continue reading

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Two Franks cases

The officer’s failure to include in his affidavit for search warrant the inference that the CI might be under the influence of drugs at the time of the statement wasn’t material. “Similarly, the court concludes that Deputy Harmon’s failure to … Continue reading

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OH10: Fact premises had two addresses was unknown to officers; no suppression

The trial court redacted a false statement [likely a cut and paste error] from the affidavit for the search warrant and it didn’t undermine the probable cause at all. It doesn’t matter whether it was intentional or negligent because probable … Continue reading

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D.N.M.: Stopping the wrong guy wasn’t unreasonable; there was still probable cause

Stopping the wrong guy wasn’t unreasonable here. “The Court finds that the officers reasonably mistook Defendant for Mr. Pacheco. Defendant not only matched Mr. Pacheco’s description, but the officers also witnessed Defendant leaving an apartment Mr. Pacheco was known to … Continue reading

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E.D.Tenn.: Knock-and-talk wasn’t drawn out to become a seizure at def’s own door; good Franks example

That the knock-and-talk was too long drawn out to turn into a seizure is rejected. The officers testified they smelled marijuana at the door. “The Court finds Defendants’ next two contentions, that the officers’ ability to smell marijuana at the … Continue reading

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N.D.Ill.: Removing drugs from a package with an already issued anticipatory warrant and not telling court wasn’t material to PC

There was no material falsity in the affidavit for the search warrant which mentioned 58 prior international shipments to defendant’s place. Specifically, the drugs were removed from the package for the anticipatory warrant and replaced with fake stuff after the … Continue reading

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D.Neb.: Def consented to a dog sniff, but there was RS anyway

The stop was based on a traffic violation, and reasonable suspicion developed for a dog sniff. In addition, defendant was asked to consent to a dog sniff and did: “When initially asked for consent, Defendant responded, ‘I guess so, I … Continue reading

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E.D.N.C.: Defendant doesn’t get additional discovery in his quest to get a Franks hearing

Defendant doesn’t get additional discovery in his quest to get a Franks hearing. He has the burden of going forward and of proof. And, even if what he says is true, the probable cause isn’t sufficiently undermined. United States v. … Continue reading

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OH5: Officer doesn’t need to be able to quote a statute in court to issue a ticket for violation of it

Even if the officer had an ulterior motive for defendant’s stop, it was based on probable cause of a traffic offense. The fact the officer couldn’t quote the statute in court doesn’t show that the stop was unreasonable or without … Continue reading

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NJ: Trial court misapplied Franks without def even pleading Franks on an arrest warrant

The trial court erred in excising part of the affidavit for arrest on its description of the video of a shooting. Defendant chose not to file a Franks motion, and the video description shows that a person fired a gun … Continue reading

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