E.D.Tex.: Officer’s testimony the falsity in the SW affidavit was a “mere mistake” good enough to overcome Franks

False statement in an affidavit was testified to being a “mere mistake” in reporting information so the good faith exception still applies. If the officer testified it was a “mere mistake,” well, then, it can’t be wilfully false. Thus, the court does not have to disregard the information in finding the good faith exception applicable without regard to whether there is probable cause. United States v. Hall, 2014 U.S. Dist. LEXIS 76036 (E.D. Tex. May 1, 2014), adopted 2014 U.S. Dist. LEXIS 75726 (E.D. Tex. June 3, 2014).*

The affidavit contesting the facts for an evidentiary hearing on a motion to suppress in the Second Circuit has to be on the personal knowledge of the defendant, not counsel. Defendant doesn’t sufficiently dispute that he consented by saying “I don’t recall.” United States v. Walia, 2014 U.S. Dist. LEXIS 77429 (E.D. N.Y. June 5, 2014).*

2255 petitioner’s claim that defense counsel was ineffective for not raising a Franks claim fails on the merits, so it can be ineffective. United States v. Jennings, 2014 U.S. Dist. LEXIS 77439 (W.D. N.Y. April 29, 2014).*