Category Archives: Franks doctrine

FL5: Def made prima facie case that counsel’s abandoned search claim could have won; reversed

Defendant made a prima facie case at his post-conviction hearing. The evidence presented at the evidentiary hearing showed there was a reasonable probability that the motion to suppress would have been granted if pursued, and the evidence the State needed … Continue reading

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WV Gazette: Officers found his $25K of heroin. He walked free, and now he’s suing police [for raiding the wrong house]

WV Gazette: Officers found his $25K of heroin. He walked free, and now he’s suing police by Jake Zuckerman. Police raided a house after falsely stating that one Figueroa lived there and made several drug deals. It was the wrong … Continue reading

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D.N.M.: Search and seizure claim against USSG enhancement doesn’t have to be decided; it applies another way

Defendant sort of raised a search claim as attacking a USSG enhancement, but the court finds that the enhancement applies no matter what. Martinez v. United States, 2019 U.S. Dist. LEXIS 154693 (D. N.M. Sept. 11, 2019).* Defendant’s unconstitutional arrest … Continue reading

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GA: Police were reasonable in stopping def because he looked like the guy wanted in an arrest warrant although it turned out he wasn’t the guy

Officers could approach defendant to talk to him because he generally fit the description and location of a person named in an arrest warrant. It turned out that he wasn’t the guy, but it doesn’t make it unreasonable to stop … Continue reading

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OH8: Misstating the owner of a cell phone in warrant application was not material when it was seized as part of a burglary conspiracy

A burglar alarm in an industrial area at 1 am brought the police who saw men scattering, and one vehicle leaving. There was reasonable suspicion for stopping the vehicle. The search warrant for a cell phone was proper because it … Continue reading

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MO: Search incident of item taken off def’s person could happen 30 min after arrest

Defense counsel wasn’t ineffective for not moving to suppress the search of a cigarette pack removed from defendant’s person at the time of his arrest but searched 30 minutes later. It was still subject to the search incident doctrine. Greene … Continue reading

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W.D.N.C.: Omitted facts for Franks purposes are intentional in one sense, but not presumably intentionally misleading

Omitted facts for Franks purposes are intentional in one sense, but not presumably intentionally misleading. Not every thing the affiant knows makes it in there. Also, citizen informant’s statement defendant was seen with a gun five weeks before the search … Continue reading

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D.Mont.: USMs have power to arrest state fugitives, so search incident valid

USM’s fugitive task force has the power to arrest state offenders by federal statute, 28 U.S.C. § 564, and the AG can delegate them whenever to assist in arresting state fugitives. 34 U.S.C. §§ 41503-04. Therefore, they were authorized to … Continue reading

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CA9: Detaining juveniles five hours after PC dissipated was unreasonable and contrary to well-established law

“It is well-established that a ‘person may not be arrested, or must be released from arrest, if previously established probable cause has dissipated.’ United States v. Ortiz-Hernandez, 427 F.3d 567, 574 (9th Cir. 2005) (per curiam). ‘As a corollary … … Continue reading

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CA6: Mere negligent inclusion of information in SW affidavit doesn’t overcome QI for civil Franks claim

Mere negligence in an alleged false statement in a search warrant affidavit isn’t enough to overcome qualified immunity for a civil Franks claim. Butler v. City of Detroit, 2019 U.S. App. LEXIS 25062 (6th Cir. Aug. 22, 2019):

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OH3: Removing falsity from SW affidavit that def sold drugs from house still leaves PC that someone did

The affidavit for search warrant misstated that defendant was the person selling drugs out of the house. Even removing that fact from the affidavit, there still remains probable cause to believe that drugs would be found in the house. Those … Continue reading

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N.D.Ga.: Officer’s SW affidavit that said def could be ID’ed from his tattoos without seeing his face wasn’t false

Defendant was ID’ed by the police from surveillance videos, and it was a false statement that they could ID him without seeing his face. The search warrant to photograph his tattoos was issued with probable cause. United States v. Mitchell, … Continue reading

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