The officer had reasonable suspicion for a frisk of defendant with a 4:30 am stop and having to turn his back on defendant to investigate what was going on. Importantly, defendant kept pulling his arms out of his sleeves of his sweatshirt hiding his hands. United States v. McKnight, 2017 U.S. Dist. LEXIS 155053 (D. Kan. Sept. 22, 2017).
The alleged false statement in the affidavit about the circumstances setting up a reverse buy isn’t false or material to the probable cause determination, so a Franks hearing is denied. United States v. Ardd, 2017 U.S. Dist. LEXIS 151965 (W.D. Tenn. July 26, 2017),* adopted, 2017 U.S. Dist. LEXIS 150962 (W.D. Tenn. Sept. 18, 2017).*