A Rule 41(b)(4) tracking order was issued by a state court judge when a USMJ was unavailable. The court finds state judges can issue search warrant but not tracking orders, and the Advisory Committee notes made that clear. United States v. Martin, 2016 U.S. Dist. LEXIS 114585 (E.D.Mich. Aug. 26, 2016).
Defendant’s Franks argument fails to show materiality or actual falsity. When serving the warrant, a firearm was found and seized in plain view. United States v. Tolbert, 2016 U.S. Dist. LEXIS 114964 (D.Kan. Aug. 26, 2016).*