W.D.N.Y.: SW materials not yet releasable because investigation is ongoing; defense can get it later

The search warrant materials in this case are not released yet because the case is still pretrial and there is investigative and CI information that shouldn’t be disclosed yet. “In evaluating a common law claim of access to judicial documents, a court should balance the weight of the presumption of access given to the particular document with the competing interest against disclosure.” In time. United States v. Wilson, 2017 U.S. Dist. LEXIS 62527 (W.D. N.Y. April 24, 2017).

A police helicopter was shot at, and officers converged on defendant’s property and talked to him. He made limited admissions. A search warrant was obtained for the property for weapons, and defendant objected on Franks grounds. First, it isn’t apparent that there were any omissions of material information. Second, if there was an omission, it wasn’t material to the finding of probable cause. United States v. Clausen, 2017 U.S. Dist. LEXIS 62841 (D.Minn. Feb. 27, 2017).*

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