CA10: Three CIs corroborated each other and were independently corroborated

The affidavit for the arrest warrant was based on three CIs who corroborated each other and which were independently corroborated by the police. A Franks challenge was included that a prior search resulted in finding drugs that were not mentioned to have been hidden from defendant’s view. That doesn’t matter because the warrant would have issued anyway because it’s not material to the probable cause finding. A state court ping order to locate defendant was issued on exigent circumstances of a threat to harm someone. The state court’s exigent circumstances ping order mooted the other ping order that the phone company said it couldn’t process fast enough. United States v. Banks, 2018 U.S. App. LEXIS 5647 (10th Cir. Mar. 6, 2018).

Defendant filed a motion to suppress on a Franks issue within the motion deadline. Then he withdrew that motion and filed a second motion outside the deadline seeking a challenge of the sufficiency of the four corners of the affidavit. That’s denied as untimely. United States v. Gulley, 2018 U.S. Dist. LEXIS 35600 (N.D. Ohio Mar. 6, 2018).*