Category Archives: Franks doctrine

D.Kan.: After a Franks hearing, PC exists despite omitted information

Defendant was under investigation for threatening to use a weapon of mass destruction. After the search, police found child pornography, too. He filed a Franks motion about omitted information and got a hearing. The court finds probable cause and no … Continue reading

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CA11: Affiant’s not putting what he thought from CI was false didn’t violate Franks

The officer declined to put the CI’s inconsistent statements in that he thought were false. This didn’t violate Franks, and there was probable cause anyway. United States v. King, 2018 U.S. App. LEXIS 30122 (11th Cir. Oct. 25, 2018):

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TX14: Two prior searches for blood constitutionally or statutorily didn’t need to be mentioned in affidavit for third

Defendant was in a car wreck that killed another at 1 am, New Years Day 2014. There were three blood draws: one for medical purposes at the hospital, one directed by the police at the hospital, and one after a … Continue reading

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MA: Justification for no-knock shown by risk of destruction of evidence because def’s apartment on 3d floor with locked outside door

A no-knock entry to prevent destruction of evidence was justified by the fact defendant’s apartment was on the third floor and police had to navigate a locked first floor door before they got to his apartment. Commonwealth v. Silva, 2018 … Continue reading

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N.D.Ind.: Franks requires attaching affidavit to the motion to suppress

Defendant’s Franks request for an evidentiary hearing without attaching the affidavit for the search warrant is denied without prejudice. The court has nothing to compare. United States v. Carswell, 2018 U.S. Dist. LEXIS 165132 (N.D. Ind. Sep. 26, 2018). The … Continue reading

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CA9: Police supervisor’s alleged after-the-fact acquiescence in an alleged illegal search isn’t a § 1983 claim

A police supervisor’s post-hoc alleged acquiescence that he didn’t participate in an alleged illegal search doesn’t state a claim against the supervisor. Hunt v. Davis, 2018 U.S. App. LEXIS 26265 (9th Cir. Sep. 17, 2018). The officers corroborated enough of … Continue reading

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OH9: Probable hand-to-hand drug deal from car was RS for stop

Potential hand-to-hand drug deal in a car was reasonable suspicion for a stop. It’s what these officers were always looking for. [It may have ultimately had an innocent explanation, but it looked like it to them.] State v. Dunlap, 2018-Ohio-3658, … Continue reading

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E.D.Cal.: Def succeeds in a Franks challenge

Defendant succeeds in a Franks challenge. Removing the offending portions leaves no probable cause. United States v. Kastis, 2018 U.S. Dist. LEXIS 148480 (E.D. Cal. Aug. 31, 2018):*

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MA: Even if some information in CSLI affidavit was incorrect or false, redacting it still leaves PC

The search warrant for defendant’s CSLI was based on probable cause. Defendant challenges parts of the information as wholly inadequate to show probable cause. Redacting that information, however, still leaves probable cause. Commonwealth v. Robertson, 2018 Mass. LEXIS 563 (Aug. … Continue reading

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E.D.La.: The statements in the affidavit were exaggerations rather than outright falsehoods, but PC was there on the totality

“To the extent that the statements identified by Defendant are inaccurate, most are exaggerations of the truth. While the Government, and this Court, lament that the affidavit was written in terms of absolutes, the removal of the statements identified by … Continue reading

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M.D.La.: The govt alleged the house was abandoned, and def had the burden to prove standing and failed

“The parties’ briefing and the testimony at the hearing further suggest that the house was abandoned and that any search occurred away from Defendant’s ‘residence of record’ or an ‘additional residence on Osceola Street.’ … Contrary to a suggestion in … Continue reading

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W.D.Pa.: This SW directed at a place and things, not just persons

“Defendant’s argument that 1335 Geyer Avenue was indeed his home, but that police did not know it was his home, thus fails. Additionally, ‘search warrants are directed, not at persons, but at property where there is probable cause to believe … Continue reading

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