Category Archives: Franks doctrine

CA3: Merely pleading snitches are unreliable isn’t a Franks offer of proof

“Rodriguez-Colon does not meet this [Franks] requirement. His challenge contains no offer of proof and merely questions the general reliability of confidential sources. For instance, he argued to the District Court that if granted a hearing, “[i]t is anticipated that … Continue reading

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CA5: § 1983 4A claim that evidence was inadmissible at trial was Heck barred, and then waived on appeal

Plaintiff’s § 1983 Fourth Amendment claim was framed as a claim the evidence was inadmissible at trial. Thus it was barred. His appeal was over denial of IFP status, which was also denied, and he waived the Fourth Amendment claim … Continue reading

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OH3: Contents of bookbag shown by baggies of drugs hanging out of it

Based on the officer’s observation of baggies of drugs hanging out of a bookbag, the contents were readily apparent. State v. Burroughs, 2020-Ohio-4417, 2020 Ohio App. LEXIS 3301 (3d Dist. Sept. 14, 2020). Defendant’s objection to the R&R had a … Continue reading

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CA5: Mistaken identity arrest for half brother with same name gets QI

Plaintiff’s case for a mistaken identity arrest when his half-brother with the same name was the target fails on qualified immunity. Baker v. McCollan, 443 U.S. 137 (1979) is close enough to show qualified immunity. Nerio v. Derekevans, 2020 U.S. … Continue reading

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D.Idaho: Dep’t of Fish & Game checkpoint was reasonable

The Idaho Dep’t of Fish & Game division’s wildlife checkpoint here was reasonable under all the circumstances. Plaintiff wasn’t a hunter and his stop would have resulted in one question and he’d have been on his way. Tanner v. Schriever, … Continue reading

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CA5: Alleged violations of the Posse Comitatus Act must be “widespread and repeated” to justify suppression

Alleged violations of the Posse Comitatus Act, here by AFOSI, must be “widespread and repeated” to justify suppression. Defendant didn’t show this was. United States v. Salinas, 2020 U.S. App. LEXIS 28616 (5th Cir. Sept. 9, 2020). “A detective assigned … Continue reading

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CA2: Omissions from affidavit were material and denied QI

District court’s denial of qualified immunity affirmed. Omissions from the affidavit for the search warrant were material to the finding of probable cause. Pourkavoos v. Town of Avon, 2020 U.S. App. LEXIS 28183 (2d Cir. Sept. 3, 2020):

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S.D.Fla.: Deputy sheriff stated false imprisonment claim against ATF officers

Plaintiff, a Monroe County deputy sheriff, stated a claim so far for false imprisonment against ATF agents who stopped him for no reason while he was working Hurricane Irma in the Florida Keys. His excessive force claim, however, is dismissed. … Continue reading

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W.D.Mo.: That later police reports would shed more light on affidavit for SW, that’s not a Franks issue

Affidavits for search warrants are presumed to be accurate under Franks, and that’s why the defense has to make a substantial preliminary showing of falsity. Alleging merely that other more timely reports would shed light on the subject is not … Continue reading

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OH2: Giving false name and DOB after SW executed supports obstruction charge

Defendant was removed from his house after a search warrant was served by the SWAT team. His false name and DOB to the officers supported his obstruction conviction. State v. Castleberry, 2020-Ohio-4233, 2020 Ohio App. LEXIS 3129 (2d Dist. Aug. … Continue reading

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CA6: Pleading false information used to get SW overcame QI at this stage

Pleading that defendants used false information to get a search warrant for them. That was enough to get around qualified immunity, and the district court erred in dismissing at this stage. Marvaso v. Sanchez, 2020 U.S. App. LEXIS 26723 (6th … Continue reading

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OK: False name given during execution of SW admissible to impeach credibility

“The State’s questions about Appellant having given a false name to authorities during the execution of a search warrant earlier in the summer of 2015 was relevant as a general matter to impeach Appellant’s credibility.” Knapper v. State, 2020 OK … Continue reading

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D.Mass.: Def satisfied Franks to get a hearing on the statements being intentionally or recklessly false

Defendant satisfied his Franks burden of a substantial preliminary showing of recklessness on the informant’s reliability to get a hearing. The court is persuaded in part because of the weak showing of nexus. Still, however, defendant’s burden at the Franks … Continue reading

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CA5: “I don’t know, it’s not my vehicle” is a disavowal of standing

“Rather than establishing an expectation of privacy, Beasley expressly disavowed ownership of the vehicle, saying, ‘I don’t know, it’s not my vehicle.’ Because he disclaimed ownership of the vehicle, the district court appropriately determined that Beasley lacked any expectation of … Continue reading

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E.D.N.Y.: Lack of a DL doesn’t deny standing in a borrowed car

Defendant had standing to challenge the stop and search of a car he’d borrowed with permission of the owner despite the lack of a driver’s license, but he loses on the merits. United States v. Zimmerman, 2020 U.S. Dist. LEXIS … Continue reading

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WaPo: Ex-FBI lawyer, accused of falsifying document in probe of Trump’s campaign, to plead guilty

WaPo: Ex-FBI lawyer, accused of falsifying document in probe of Trump’s campaign, to plead guilty by Matt Zapotosky and Devlin Barrett:

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