Even if Karo required excising or excluding the statement in the affidavit for search warrant that the package was in the target residence for the anticipatory warrant, there was probable cause without it, so it doesn’t matter. United States v. Ijiyode, 2018 U.S. Dist. LEXIS 59916 (M.D. Tenn. Apr. 9, 2018).
Defendant was not in custody for Miranda purposes when he made incriminating statements during the search of his home and business. He was told he was free to leave. He didn’t, and that’s a weighty factor against him being in custody. United States v. Luther, 2018 U.S. Dist. LEXIS 59873 (D. Minn. Apr. 9, 2018).*
Defendant’s Franks challenge fails for lack of an allegation of materiality of the alleged falsity. United States v. Morris, 2018 U.S. App. LEXIS 8907 (9th Cir. Apr. 9, 2018).*