Category Archives: Franks doctrine

CA7: SW not required by Riley and Carpenter for cell phone and computer searches at border

The Seventh Circuit finds that the border search exception was not affected by Riley and Carpenter such that a search warrant is required for search of electronics at the border. United States v. Wanjiku, 2019 U.S. App. LEXIS 8154 (7th … Continue reading

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Cal. App. Div.: Driver being told he had to submit to a BAC test wasn’t consent at all

The officer here told defendant that he had to submit to a blood test, so there was no voluntary consent. “Here, the officer violated section 655.1 by telling defendant he had to choose instead of requesting that he submit to … Continue reading

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N.D.N.Y.: Even if def accused drug dealer’s alleged cover business was omitted from affidavit, there still was PC

The officers lack of complete detail to fully explain defendant’s version that he might have had a lawful explanation for what he was doing doesn’t rise to the high bar of a Franks violation. In addition, it’s not uncommon for … Continue reading

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W.D.Mo.: Def had standing in a truck he was loaned

Defendant has standing in his daughter’s truck because he showed that she let him use it. The officer’s mistake of law concerning the expiration date of the vehicle’s license was reasonable. “Month of expiration” under Missouri law isn’t obvious. United … Continue reading

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S.D.W.Va.: Officers falsely swore def’s friend “lived or stayed there”; she visited after a small heroin deal, and there was no PC at all

Defendant was visited by a friend after an $80 heroin sale. There was no nexus to defendant’s house by the friend who’d only visited a few times over a long period of time. The police also falsely swore that she … Continue reading

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M.D.Tenn.: Getting new evidence, def succeeds in a Franks challenge after initial denial of his motion to suppress

On a motion to reconsider denial of a suppression motion with new evidence, defendant succeeds on a Franks challenge. [The court initially had concerns about officer credibility, and this cinches it.] United States v. Anderson, 2019 U.S. Dist. LEXIS 29539 … Continue reading

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NY: No REP or 4A right against recording of calls from prison

No Fourth Amendment right of defendant was violated by recording his prison calls and then admitting them into evidence. He was well on notice that they were recorded. People v. Diaz, 2019 NY Slip Op 01260, 2019 N.Y. LEXIS 266 … Continue reading

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CA11: § 1983 malicious prosecution claim defeated by PC even though exonerating information omitted from arrest affidavit

Plaintiff police officers’ false arrest claim fails on qualified immunity. Even though allegedly exonerating information was omitted from the arrest affidavits, and the criminal case was dropped by the state’s attorney, it wasn’t enough to undermine the probable cause that … Continue reading

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M.D.Fla.: No showing of RS for protective sweep on entry; observations in other rooms suppressed

The protective sweep of other rooms had no reasonable suspicion justification under Buie that another person might be present. There were two and they were unreasonable. The product of the walk through made it into a search warrant for the … Continue reading

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D.Nev.: DNA match overcame alleged Franks violation

The court finds that a minimal showing of at least recklessness was made in a representation in the search warrant application that a black cloth had not been disturbed during a crime. The video surveillance shows several people did. On … Continue reading

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GA: Motion for a Franks hearing on arrest warrant mooted by indictment

Defendant’s motion for a Franks hearing on his arrest warrant was mooted by his indictment. Young v. State, 2019 Ga. LEXIS 55 (Feb. 4, 2019). Defendant was a sheriff’s deputy, and he was suspected of sexual misconduct with a minor. … Continue reading

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N.D.Tex.: Pet’r raised his 4A claim at every level in state court, and that forecloses habeas relief on the merits

Petitioner raised in his 2254 a lack of probable cause for the search warrant. “Petitioner raised this Fourth Amendment claim in the trial court, on direct appeal, and in his state habeas petition. He has failed to show he did … Continue reading

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