Category Archives: Franks doctrine

D.Minn.: Omission of CI’s criminal history didn’t mislead magistrate or wasn’t material to PC finding

Failing to include the CI’s criminal history didn’t mislead the magistrate issuing the warrant, and there was probable cause in any event, even without including it. Moreover, the issuing magistrate would have to fairly conclude the CI had criminal involvement. … Continue reading

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CA5: Ptf in a 4A § 1983 case has to plead violation of a “clearly established right” to get over QI in complaint

Although an arrestee adequately alleged that members of a parish council and sheriff’s office maliciously conspired to prosecute him under an unconstitutional statute in retaliation for online comments about council members, his right was not clearly established because there was … Continue reading

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CA9: In a civil Franks claim, withheld SW affidavit tolls limitations until discovery

Plaintiff claimed judicial deception in obtaining search warrants for his home and computers over the death of his wife. When the state had the warrant affidavits sealed, the two year statute of limitations on his claim of judicial deception did … Continue reading

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N.D.Ga.: A Franks challenge has to be more than just an argument over interpretation of meaning of facts

When the Franks challenge is more of a different interpretation of facts, it doesn’t suffice. “And, frankly, Defendant is just arguing that a different interpretation should be placed on his conduct than Agent Cunningham’s interpretation – or most likely the … Continue reading

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CA9: § 1983 Franks violation: Ignoring alleged false statements still leaves PC

A search warrant was issued for alleged violations of the building code. Ignoring any alleged false statements that led to issuance of the search warrant, there still was probable cause. Gunnels v. Kenny, 2017 U.S. App. LEXIS 13204 (6th Cir. … Continue reading

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OR: Emergency aid exception applies to animals in distress

The emergency aid exception applies to animals in distress. Here it was cattle. State v. Hershey, 286 Ore. App. 824, 2017 Ore. App. LEXIS 907 (July 19, 2017). There was plenty of probable cause, but defendant’s Franks argument that the … Continue reading

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D.Md.: 2255 Franks IAC claim fails for not showing what the false statements were and how PC was undermined

Defendant’s 2255 Franks IAC claim fails for not showing what the false statements were and how probable cause was undermined. United States v. Johnson, 2017 U.S. Dist. LEXIS 112806 (D. Md. July 20, 2017). Defendant’s moving his hands around in … Continue reading

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WI: Tax assessor’s effort to see interior of home for assessment implicates the 4A

The tax assessor’s demand to see the interior of plaintiffs’ house is a search governed by the Fourth Amendment. Because it is the home, it is not “minimal,” and there is no administrative search exception that permits it. The city … Continue reading

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FL: Appellate counsel can’t be ineffective for failing to argue a defaulted 4A claim

Appellate counsel can’t be ineffective for not arguing a Fourth Amendment claim not presented to the trial court. Peterson v. State, 2017 Fla. LEXIS 1455 (July 6, 2017). Defendant didn’t have standing to challenge the search of the car he … Continue reading

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D.C.Cir.: Omission of robbery victim’s failure to ID def didn’t cut either way in Franks analysis; PC still existed

Omission of a non-identification of defendant as a robber was not material for Franks. “Even viewing the omitted non-identification as a material omission, probable cause for the search did not rise or fall on the identification of Dorman as the … Continue reading

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