Category Archives: Franks doctrine

OH7: Visitor to hotel room with no key or shown association to room had no standing

Defendant was a visitor to a hotel room and he had no standing to challenge its search. He had no key to the room and no luggage or other belongings, and he couldn’t show he was a guest of either … Continue reading

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SC authorizes video or phone oath and presentation of SW affidavits

Remote communication technology has been used for court proceedings under Covid. It is expressly authorized for many other proceedings, including issuance of search warrants. The swearing of the affiant can be remote. Use of Remote Communications Technology, 2021 S.C. LEXIS … Continue reading

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M.D.La.: Evidentiary objection to product of search isn’t addressed in a suppression motion

Defendant’s argument is really an evidentiary objection, not a ground to suppress. Suppression is denied. United States v. Sterling, 2021 U.S. Dist. LEXIS 160728 (M.D.La. Aug. 24, 2021). “Here, the credited testimony of all three officers is that Deputy Lowe … Continue reading

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D.Nev.: Use of cell site simulator to track another’s phone leading to def was reasonable

The government’s use of a cell site simulator to track another person’s cell phone didn’t infringe on defendant’s rights. United States v. Goldsby, 2021 U.S. Dist. LEXIS 160651 (D.Nev. Aug. 25, 2021). The court order (six years pre-Carpenter) showed probable … Continue reading

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CA8: 38 seconds of additional questions of passenger while ticket being written didn’t unreasonably extend stop

The second officer on the scene did not materially extend the stop by 38 seconds of additional questioning of the passenger while the first officer was writing a ticket. United States v. Salkil, 2021 U.S. App. LEXIS 25511 (8th Cir. … Continue reading

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CA7: Franks issue moot by other PC

A warrant wasn’t needed to seize a cell phone, but one was to search it, and they had one. Attacking the CI’s credibility fails as an issue, Franks or otherwise, because there is other probable cause for the warrant. United … Continue reading

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E.D.Mich.: Officers could accompany POs where there was fear def engaged in criminal conduct

It was not unreasonable for law enforcement officers to accompany defendant’s parole officer on a parole search because of concerns defendant was involved in criminal conduct. United States v. Davis, 2021 U.S. Dist. LEXIS 147629 (E.D.Mich. Aug. 6, 2021). “Brewster’s … Continue reading

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OH2: Specific 4A claim not made to trial court is waived

The specific Fourth Amendment argument made on appeal wasn’t made to the trial court, so it’s waived. On the merits, officers getting defendant in to talk on basis of a ruse didn’t make it an unreasonable seizure. State v. Luther, … Continue reading

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UT: Information omitted from SW affidavit added in still shows PC

The omitted information still leaves probable cause. Here, the warrant was for cell tower location information to connect defendant to the burglary of the victims’ house while they slept. State v. Gonzalez, 2021 UT App 83, 2021 Utah App. LEXIS … Continue reading

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PA: Exclusionary rule applies to PA probation revocation proceedings

The exclusionary rule applies to probation revocation proceedings in Pennsylvania. Having suppressed in the underlying criminal case, the court should have suppressed on the violation of probation. Commonwealth v. Parson, 2021 PA Super 151, 2021 Pa. Super. LEXIS 487 (July … Continue reading

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N.D.Ohio: Ptf shows Franks violation for leaving out important mitigating information; officer also had apparent motive

Defendant satisfied his Franks burden of showing a material false statement in support of the probable cause showing for the warrant. That information undermined the probable cause. As to the good faith exception, this is what the exclusionary rule is … Continue reading

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CA6: DEA can get state SWs and assist in state investigations, then go federal

DEA officers can get search warrants in federal investigations from state judges for state law violations aiding state officers. That doesn’t violate the Fourth Amendment or Rule 41. And, there is also the good faith exception. United States v. Williams, … Continue reading

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S.D.N.Y.: Lev Parnas can’t get discovery of Rudy Giuliani search for his own emails

Lev Parnas seeks discovery of Rudy Giuliani’s later search warrant return for his own emails. Denied as cumulative. He already has them. United States v. Parnas, 2021 U.S. Dist. LEXIS 131253 (S.D. N.Y. July 14, 2021).* Officers conducting the stop … Continue reading

Posted in Automobile exception, E-mail, Franks doctrine | Comments Off on S.D.N.Y.: Lev Parnas can’t get discovery of Rudy Giuliani search for his own emails

CA6: Officer continuing a prosecution on false evidence states a § 1983 claim

“A reasonable jury could find that Deputy Edmonds’s post-arrest incident reports contained knowing or reckless falsehoods. Drawing all inferences in favor of Ernest, Deputy Edmonds knew that Ernest never pointed his gun at her and that Ernest did not know … Continue reading

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W.D.N.Y.: SI lacking PC is suppressed

Defendant was arrested and searched incident to arrest, and the court finds no valid basis for the search. He was too far away from and out of sight of the drugs the government was attempting to link to him. United … Continue reading

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CA11: Including omitted information under Franks still left PC

The omission here was not a Franks violation. “Here, even if Jackson’s statement had been included in the affidavit, it would not have tipped the balance. The officers still would have had probable cause to search the home, because the … Continue reading

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CA3: No REP in sent text messages

“[C]ounsel notes that he moved to suppress the text messages Bereznak and A.G. exchanged, arguing that those messages were acquired from A.G.’s cellphone in violation of Bereznak’s Fourth Amendment rights. This issue lacks merit because Bereznak had no reasonable expectation … Continue reading

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LA2: Cell phone seizure and search moot where nothing used in court

Contemnor was in a grand jury proceeding, and he was holding his cell phone like he was recording it. Based on witness reports, a contempt order issued and the phone was seized. The court issued an order authorizing it be … Continue reading

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NY2: Date typo in drug field test report after search wasn’t material

Defendant’s motion to suppress was properly denied by the trial court. Defendant’s reliance on when a field test of the product of the search showed only a typographical error as to the date it was done and doesn’t undermine the … Continue reading

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CA6: Successor habeas trying to make search claim a Brady issue fails

Successor habeas on ground that audio of dashcam video was muted to conceal a Fourth Amendment violation denied. It doesn’t show actual innocence for 2255(h). In re Jelks, 2021 U.S. App. LEXIS 18552 (6th Cir. June 21, 2021). Defendant had … Continue reading

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