W.D.Ky.: Lack of detail in a report on a knock-and-talk didn’t amount to a material omission for Franks purposes

A Franks challenge requires affidavits or other sworn testimony as an offer of proof. Franks, 438 U.S. at 171. Defendant doesn’t provide any. On the merits of the search and seizure claim, it started with a knock-and-talk, and they are generally valid, and defendant doesn’t explain why this one isn’t. “The fact that the search warrant affidavit did not contain specific information about whether the law enforcement officers knocked promptly at the front door, waited to be received, and then left does not necessarily evidence a material omission.” United States v. Boone, 2017 U.S. Dist. LEXIS 183424 (W.D. Ky. Oct. 11, 2017), adopted, 2017 U.S. Dist. LEXIS 183147 (W.D. Ky. Nov. 3, 2017).

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