D.Nev.: Def files a Franks challenge to a state issued SW, and the government says it won’t use the product of the search

The defendant filed a motion to suppress under Franks alleging numerous falsehoods in the search warrant application issued by a state judge in Arizona. “James is surprised by the government’s response. Rather than defend the credibility and integrity of the law enforcement officer who is the affiant on the warrant, the government has simply informed the court of its intent to refrain from using any evidence seized.” Therefore, the motion to suppress is moot. United States v. James, 2018 U.S. Dist. LEXIS 22292 (D. Nev. Feb. 12, 2018).*

Defendant pled guilty, and he can’t show that defense counsel’s failure to challenge the search warrant caused him to plead guilty or that he would even win a suppression motion. Brown v. State, 2018 Miss. App. LEXIS 64 (Feb. 13, 2018).*

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