Category Archives: Franks doctrine

CA6: Franks violation overcomes qualified immunity in § 1983 case

In this § 1983 case, the officer provided false information in the affidavit for the search warrant that was critical to the finding of probable cause. Without that information, there was no probable cause. The district court’s finding that qualified … Continue reading

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CA7 decides Franks IAC claim on merits: there is PC and the GFE applies; the issuing magistrate was not intentionally or recklessly misled

Defendant raised a Franks IAC claim, and the Seventh Circuit deals with the merits of the claim to determine that there was no Fourth Amendment violation, therefore no IAC. The district court concluded there was no probable cause but the … Continue reading

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CA11: Officer’s slight misnaming prior sex offense against a child in a CP warrant affidavit wasn’t a Franks violation

Petitioner raised 78 grounds in his 2255 against a life sentence for child pornography. “As to Ground 6, Freeman’s various arguments largely mischaracterize the supposedly false statements in the warrant affidavit. And although the affidavit seemingly incorrectly stated that his … Continue reading

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CA9: Virtual knowing Franks violation leads to suppression of immigration search before BIA

Petitioner established that the warrant for employment records sought by the Maricopa County Sheriff’s Office was based on knowingly material omissions and thus qualified as an egregious violation of the Fourth Amendment for an immigration proceeding. Frimmel Mgmt. v. United … Continue reading

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CA11: “The record shows” without showing it is not a Franks “substantial preliminary showing”

Defendant failed to make an offer of proof as required by Franks. Merely saying “the record shows” or something like that without more is not a “substantial preliminary showing.” United States v. Ward, 2018 U.S. App. LEXIS 20674 (11th Cir. … Continue reading

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N.D.N.Y.: Public employer’s prior failure to search work computers under policy didn’t create a REP

Plaintiff did not have a reasonable expectation of privacy in her work issued computers under the school computer privacy policy. The fact they’d never looked before doesn’t otherwise create a reasonable expectation of privacy. Rissetto v. Clinton Essex Warren Wash. … Continue reading

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M.D.Fla.: Disney World’s own fraud investigators conducted private search of hotel room

Walt Disney World’s fraud investigators received a call from American Express that a card was being used fraudulently there. Ultimately, WDW own investigators entered defendant’s room without telling the police what they were doing and found access devices in plain … Continue reading

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CA3: Violation of Vienna Convention on arrest doesn’t lead to dismissal

“Dismissal of the indictment and suppression of evidence are not appropriate remedial measures for a violation of Article 36 [of the Vienna Convention] in this case.” Sanchez-Llamas v. Oregon, 548 U.S. 331, 350 (2006). United States v. Castillo, 2018 U.S. … Continue reading

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N.D.Ohio: Under Franks, materiality of the omitted info to PC is required, not just that it was omitted

“Hill argues Agent Fulmer’s affidavit omitted information previously obtained during the investigation and which was contained in an affidavit submitted with a wiretap application filed in the Eastern District of Michigan in December 2016. Hill, however, does not explain how … Continue reading

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CA1: Franks challenge fails to undermine PC; alternative scenario was “implausible”

Defendant posited much information that was omitted from the affidavit for the search warrant, but that would have created an implausible scenario that didn’t even make sense to the appeals court. “Even if we assume that the challenged statements and … Continue reading

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OH7: There was plenty of PC for def’s DNA in a murder case to connect him to the body found in his house

Affidavits for search warrant can be based on hearsay, and here the totality of information was probable cause to gather defendant’s DNA in a murder case. There was a known connection between the defendant and the victim, and male DNA … Continue reading

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D.Md.: Officer gets QI for arresting person with same name but it turned out warrant was for far younger woman of different race

Plaintiff was legally blind but owned her car. She was a passenger in the back seat. After the vehicle was stopped, the officer found a warrant for a person with the same name as her. She protested she wasn’t the … Continue reading

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