Category Archives: Franks doctrine

ID: Where probation agreement searches occur “at the request of” PO, searching without request was fatal

Defendant’s probation agreement said that he’d submit to probation searches “at the request of” the probation officer. Searching without a prior request was fatal. State v. Jaskowski, 2018 Ida. LEXIS 19 (Jan 18, 2018). “The Franks challenge to paragraph three … Continue reading

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CA5: On totality of affidavit, Franks challenge fails because officer’s error in affidavit was negligent and not reckless

The officer interviewed the Spanish speaking informant and prepared an affidavit with the gist of the conversation. The officer’s Spanish skills were limited, and he overstated the CI’s prior information. On the totality, the officer’s statement was merely negligent and … Continue reading

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CA10: Franks doesn’t apply to private actors providing false information to LEOs

Even assuming private volunteer animal cruelty investigators provided false information that was used to get search warrants issued for plaintiffs’ property for evidence of cockfighting, qualified immunity applies because no case holds that the Franks doctrine applies to a private … Continue reading

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M.D.Ala.: Conclusorily pleading a Franks violation isn’t a sufficient offer of proof

Defendant fails in his Franks argument for a failure of an offer of proof. Merely conclusorily stating the issue isn’t enough. There has to be context and how it was knowingly false. United States v. Martin, 2017 U.S. Dist. LEXIS … Continue reading

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D.Ariz.: Squeezing a leather bag in a frisk and hearing bullets was reasonable

During a frisk, squeezing a leather bag without searching it was reasonable to look for a possible weapon. See United States v. Mattarolo, 209 F.3d 1153, 1158 (9th Cir. 2000). He heard the sound of bullets, and didn’t search further … Continue reading

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CA10: SW affidavit was detailed, and Franks challenge targeted def’s being in pen during conspiracy; not shown reckless under Franks and GFE applies

Officers obtained a search warrant for defendant’s house for evidence of drug dealing for his being involved with a gang for years. The affidavit was detailed except that it only suggested defendant’s and another’s incarceration for eight years in the … Continue reading

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CA1: SW affidavit’s misstatements were careless at worst and not material to finding of PC

Defendant did not make the required showing that the search warrant affidavit misstatement that a black Volvo with the key license plate number was seen in the area of the fifth robbery was made intentionally rather than merely out of … Continue reading

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CA2: In a § 1983 case alleging lack of PC from omission of information to issuing magistrate, it’s ptf’s burden

In this § 1983 case there was probable cause for issuance of an animal abuse warrant. To argue the probable cause was tainted by omission of information, plaintiff carries the burden, and here she failed. Kanciper v. Lato, 2017 U.S. … Continue reading

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MD: Def agreed to postpone suppression hearing until trial and then didn’t bring it up; invited error and not preserved

Defendant failed to preserve his Fourth Amendment claims for appeal. You don’t get a hearing just by asking. He didn’t make a proffer in his Franks motion which was enough to deny it. Then, whatever issue was left, the defense … Continue reading

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D.Mass.: Def’s quibbling in a Franks challenge is insufficient: “I’m just a ‘drug dealer’ not a ‘drug trafficker.’”

Defendant is quibbling rather than making a bona fide Franks argument that he was arraigned 11 times not 10 on other drug cases and that he was a “drug trafficker” when he insists he is just a “drug dealer.” One … Continue reading

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CA8: Def failed to show omission of CI’s background would have vitiated PC

“Claybron argues that the omission of the confidential informant’s background information weighed so heavily on her credibility that, had it been considered, the warrant would not have issued. ‘We review the trial court’s findings of fact for clear error and … Continue reading

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RI: Cell phone SW aff omission of reference to 300 other text messages to and from others wasn’t material for Franks

Omission of the fact that there were 300 text messages from the affidavit for search warrant between defendant’s text to victim and acquiring the phone was not material for probable cause purposes. Omission of references to others wasn’t material: “Although … Continue reading

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