W.D.N.Y.: SW was for drugs; a gun found was in plain view

The search warrant was for drugs and a gun was found. Guns are instruments of the drug trade. The warrant otherwise being valid, the finding of the gun was essentially in plain view. United States v. Pizarro, 2018 U.S. Dist. LEXIS 47119 (W.D. N.Y. Mar. 22, 2018).

There was a substantial basis for concluding that there was probable cause for the search warrant here, and the district court erred in granting the motion to suppress. Further, even if the affidavit didn’t provide probable cause, it wasn’t so lacking in probable cause that the good faith exception should not apply. United States v. Hines, 2018 U.S. App. LEXIS 7209 (6th Cir. Mar. 22, 2018).*

That a CI has a motive to lie isn’t the question under Franks; it’s whether the officer lied about the facts. United States v. Gentle, 2018 U.S. App. LEXIS 7255 (9th Cir. Mar. 22, 2018).