E.D.Mich.: Franks challenge fails because there still would be PC

Defendant’s Franks challenge fails because, even accepting it as true, there’s still probable cause. United States v. Barclay, 2018 U.S. Dist. LEXIS 12061 (E.D. Mich. Jan. 25, 2018).*

“Probable cause ‘is not a high bar.’ Kaley v. United States, 134 S. Ct. 1090, 1103 (2014). ‘It requires only the kind of fair probability on which reasonable and prudent [people,] not legal technicians, act.’ Id. (citing Florida v. Harris, 133 S. Ct. 1050, 1055 (2013) (quoting Gates, 462 U.S. at 231, 238)) (internal quotations omitted) (alteration in original). A reviewing court should give ‘great deference’ to a magistrate judge’s probable cause determination and reverse only if it was ‘arbitrarily’ made. ….” They had that here, and, even if not, the good faith exception applies.
United States v. Crooms, 2018 U.S. Dist. LEXIS 13183 (S.D. Ohio Jan. 27, 2018).*