Category Archives: Franks doctrine

D.Minn.: Chiropractor’s co-def in insurance fraud had no standing in the clinic’s records or chiro’s phone

Defendant was a co-defendant with Schultz, a chiropractor, charged with false insurance claims. “The Court concludes that Defendant Hassan does not have standing to challenge the evidence obtained from Defendant Schulz because Defendant Hassan did not have a reasonable expectation … Continue reading

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OH3: Court declines to extend state const to trash searches

The court declines to extend the state’s constitution to prohibit trash searches permitted by the Fourth Amendment. While other state courts have done so, this state has not yet, and that’s for the state supreme court. Another district had also … Continue reading

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S.D.Ala.: AL state requirement of recording SW application doesn’t apply to SW used in federal court

The Alabama state requirement that an application for a search warrant be recorded doesn’t apply to using the product of the search in federal court. United States v. Tensley, 2018 U.S. Dist. LEXIS 29979 (S.D. Ala. Feb. 26, 2018). Defendant’s … Continue reading

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DE: Exclusionary rule does not apply in probation revocation proceedings

Deciding an issue of first impression in the state, the court concludes that the exclusionary rule does not apply in probation revocation proceedings. Surveying law from other states, some recognize a bad faith exception for probation searches, but this case … Continue reading

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GA: Nexus shown where def left house and drove directly to controlled buy

Deleting the detective’s false statement from the affidavit that he had seen a black male with short dreadlocks in an SUV, the affidavit nonetheless provided probable cause to issue the warrant based on a controlled buy from defendant. The remainder … Continue reading

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TN: Officer’s recollection refreshed was credited by trial court and followed on appeal

The trooper who stopped defendant had no independent recollection of defendant’s stop, but looking at the video and reading the reports was past recollection refreshed, and the officer’s testimony was then credited by the trial court. The stop was found … Continue reading

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CA11: District court didn’t commit plain error by imposing suspicionless supervised release condition

Defendant was convicted of wire fraud, and the district court imposed a condition of suspicionless searches for supervised releases. He complains that the court didn’t adequately explain the justification. No case says that the district court needed to, and there … Continue reading

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S.D.N.Y.: A Franks challenge that is nothing more than an argument about inferences doesn’t plead enough to get a hearing

A Franks challenge that is nothing more than an argument about inferences doesn’t plead enough to get a hearing. United States v. Defilippo, 2018 U.S. Dist. LEXIS 22784 (S.D. N.Y. Jan. 31, 2018):

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E.D.Mich.: State court’s finding def didn’t plead enough for Franks hearing was not “unreasonable” for AEDPA

Defendant didn’t plead enough to get a state court hearing on his Franks issue. The state court’s decision falls within Stone v. Powell’s “full and fair opportunity” to litigate, and he took that issue up on his state appeal. Rooks … Continue reading

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D.Nev.: Def files a Franks challenge to a state issued SW, and the government says it won’t use the product of the search

The defendant filed a motion to suppress under Franks alleging numerous falsehoods in the search warrant application issued by a state judge in Arizona. “James is surprised by the government’s response. Rather than defend the credibility and integrity of the … Continue reading

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D.D.C.: It doesn’t violate Franks to fail to mention a Miranda violation to gain def’s admissions (no violatIon either)

Officers had probable cause for a warrantless arrest of defendant for child pornography. “But Mr. Lieu argues that the names ‘Dave’ and ‘John’ are relatively common names and that the clothing description is too general to support the connection that … Continue reading

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CA5: Ptf’s civil Franks claim survives QI; def officer omitted material exculpatory evidence that led to ptf’s 15 min aquittal of murder

Plaintiff spent 16 months in jail awaiting trial for murder. He was acquitted in 15 minutes. He sued all the officers. After a prior appeal (Winfrey v. San Jacinto Cty., 481 Fed. Appx. 969 (5th Cir. 2012)), all that remains … Continue reading

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