Category Archives: Franks doctrine

W.D.N.Y.: SW materials not yet releasable because investigation is ongoing; defense can get it later

The search warrant materials in this case are not released yet because the case is still pretrial and there is investigative and CI information that shouldn’t be disclosed yet. “In evaluating a common law claim of access to judicial documents, … Continue reading

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E.D.N.C.: Omission from affidavit that 5 prior searches of def’s home found nothing wasn’t material where PC was shown yet again

Omission from the affidavit for search warrant that five prior searches at defendant’s residence for drugs had proved fruitless was not material where there was a separate showing of probable cause for this search warrant. The good faith exception also … Continue reading

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D.Mass.: Evidence that officer condoned CI planting evidence survives MSJ

Plaintiff had enough evidence of CI misconduct in planting evidence and police turning a blind eye toward it to survive summary judgment. Santiago v. Lafferty, 2017 U.S. Dist. LEXIS 49177 (D. Mass. March 31, 2017):

Posted in Franks doctrine, Police misconduct, § 1983 / Bivens | Comments Off

IL: Franks falsity applies to the officer, not the CI; also, the CI testified before the issuing magistrate, and that bolsters credibility

“The deliberate falsity or reckless disregard of the truth applies only to the affiant—here, Officer Ramirez—and not to any nongovernmental informant like Rodriguez. … What is more, we note that both Officer Ramirez and Rodriguez appeared before the issuing judge, … Continue reading

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D.Del.: Evasiveness during a public intox arrest justified Terry frisk

Defendant was arrested for public intox and he became evasive including a request that his name not be run for warrants. That justified a Terry frisk. United States v. King, 2017 U.S. Dist. LEXIS 40213 (D. Del. March 21, 2017).* … Continue reading

Posted in Franks doctrine, Reasonable suspicion, Standing | Comments Off

E.D.Cal.: Def satisfies Franks burden to get a hearing because nexus in affidavit for SW is weak

Defendant satisfies the Franks preliminary showing of false or misleading statements about alleged victims to get a Franks hearing. The nexus requirement of the affidavit is just barely met, and the hearing could undermine the probable cause showing. United States … Continue reading

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CA10: Considering info omitted from SW affidavit, there was still PC and outcome wouldn’t change

There was probable cause for plaintiff’s arrest based on a co-conspirators statement. Omitted information was considered by the district court on the probable cause question, and this court agrees it wouldn’t change anything. Claeys v. Mohr, 2017 U.S. App. LEXIS … Continue reading

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S.D.Fla.: No Franks hearing: The omitted would only have added to PC

Defendant isn’t entitled to a Franks hearing: “The addition of the omitted information to the search warrant application would not have detracted from the probable cause and may very well have strengthened the probable cause stated in the affidavit.” United … Continue reading

Posted in Franks doctrine, § 1983 / Bivens | Comments Off

CA5: Ptf loses on his civil Franks claim because of a lack of materiality to PC

The affidavit for arrest warrant failed to include information that would undermine the credibility of the police informant, but the court finds that the omission was not material and there was other information that supported probable cause. Therefore, the officer … Continue reading

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CA6: Franks challenges subject to clearly erroneous standard of review; here, materiality not shown

The District Court’s findings under Franks are subject to the clear error standard of review. Here, the officer learned a new fact between the wiretap application and the search warrant application, and there is some surface appeal to apply Franks. … Continue reading

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