Daily Archives: February 10, 2023

D.Alaska: Def’s Franks motion is granted; PC lacking without false statements

The motion to suppress for a Franks violation is granted. The officer made several material recklessly false statements in support of the probable cause. United States v. Wallace, 2023 U.S. Dist. LEXIS 21659 (D. Alaska Feb. 8, 2023).* There was … Continue reading

Posted in Franks doctrine, Reasonable suspicion | Comments Off on D.Alaska: Def’s Franks motion is granted; PC lacking without false statements

CA6: Allegedly misrepresenting purpose of entry here had no bearing on use of deadly force once inside

Whether the officer lawfully entered the house by misrepresenting his purpose has nothing to do with the objectively justifiable use of deadly force inside. Sawyer v. City of Soddy Daisy, 2023 U.S. App. LEXIS 3108 (6th Cir. Feb. 7, 2023). … Continue reading

Posted in Arrest or entry on arrest, Excessive force, Ineffective assistance | Comments Off on CA6: Allegedly misrepresenting purpose of entry here had no bearing on use of deadly force once inside