Category Archives: Franks doctrine

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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W.D.Ky.: Lack of detail in a report on a knock-and-talk didn’t amount to a material omission for Franks purposes

A Franks challenge requires affidavits or other sworn testimony as an offer of proof. Franks, 438 U.S. at 171. Defendant doesn’t provide any. On the merits of the search and seizure claim, it started with a knock-and-talk, and they are … Continue reading

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CA11: Franks challenge fails; officer’s frank admission of mistake [apparently] helped show mere negligence in including it

The mistake in the affidavit was just negligent and it didn’t undermine the probable cause at all. Besides that, there was an independent source for all the information in the warrant that was probable cause. United States v. Reddick, 2017 … Continue reading

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GA: Def not compelled to perform breath tests, so no self-incrimination issue

Defendant was not compelled to perform breath tests, so the Fifth Amendment’s self-incrimination clause did not apply. State v. Council, 2017 Ga. App. LEXIS 531 (Oct. 30, 2017).* In a Franks challenge, “The Court is tasked with reassessing the probable … Continue reading

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CA2: Correcting the alleged false statements in affidavit still leaves PC so officials have QI

Deleting the allegedly false information from the affidavit for search warrant leaving it as a “corrected” affidavit under Franks, there still was a fair probability for probable cause. That there might be other explanations doesn’t undermine probable cause. Therefore, defendants … Continue reading

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D.Nev.: Court gave a Franks hearing, but def didn’t make offer of proof to get one and failed on proof

Defendant got a suppression hearing to put on proof of a Franks violation, and he fails to show with any proof that the statements were reckless or material. Perhaps the court should have never ordered a hearing for a lack … Continue reading

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CA6: Alleged defect in state arrest warrant was irrelevant under the 4A where there was PC

Defendant’s arrest under a purportedly defective Georgia arrest warrant was irrelevant under the Fourth Amendment because there was plenty of probable cause for it. Specifically, defendant contended that the officers needed an incident report or something that showed probable cause … Continue reading

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D.Kan.: Def’s pulling arms from sweatshirt sleeves was RS for frisk since hands weren’t visible

The officer had reasonable suspicion for a frisk of defendant with a 4:30 am stop and having to turn his back on defendant to investigate what was going on. Importantly, defendant kept pulling his arms out of his sleeves of … Continue reading

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CA3: Def lacked standing to challenge search of co-def cell phone

Defendant lacked standing to challenge the search of a cell phone taken off a co-defendant that didn’t belong him. Besides, the search of that cell phone was valid. United States v. Brewer, 2017 U.S. App. LEXIS 18003 (3d Cir. Sept. … Continue reading

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D.Minn.: Omission of CI’s criminal history didn’t mislead magistrate or wasn’t material to PC finding

Failing to include the CI’s criminal history didn’t mislead the magistrate issuing the warrant, and there was probable cause in any event, even without including it. Moreover, the issuing magistrate would have to fairly conclude the CI had criminal involvement. … Continue reading

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CA5: Ptf in a 4A § 1983 case has to plead violation of a “clearly established right” to get over QI in complaint

Although an arrestee adequately alleged that members of a parish council and sheriff’s office maliciously conspired to prosecute him under an unconstitutional statute in retaliation for online comments about council members, his right was not clearly established because there was … Continue reading

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CA9: In a civil Franks claim, withheld SW affidavit tolls limitations until discovery

Plaintiff claimed judicial deception in obtaining search warrants for his home and computers over the death of his wife. When the state had the warrant affidavits sealed, the two year statute of limitations on his claim of judicial deception did … Continue reading

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