S.D.Ala.: AL state requirement of recording SW application doesn’t apply to SW used in federal court

The Alabama state requirement that an application for a search warrant be recorded doesn’t apply to using the product of the search in federal court. United States v. Tensley, 2018 U.S. Dist. LEXIS 29979 (S.D. Ala. Feb. 26, 2018).

Defendant’s Franks claim fails on both prongs: he didn’t show reckless or knowing falsity and or materiality in the motion to suppress. Thus, he doesn’t even get a hearing. United States v. Hampton, 2018 U.S. Dist. LEXIS 30719 (E.D. Cal. Feb. 27, 2018).*

This entry was posted in F.R.Crim.P. 41, Franks doctrine. Bookmark the permalink.

Comments are closed.