Under the Franks doctrine, relevance doesn’t equate with materiality. Defendant was the target of a health fraud investigation with a detailed affidavit that omitted a reference to a letter from state regulators that made no reference to health care fraud. It was maybe relevant, but it wasn’t determinative of fraud. The district court’s finding of a Franks violation is reversed. [A long opinion, and unpublished.] United States v. Gehrmann, 2018 U.S. App. LEXIS 10350 (10th Cir. Apr. 24, 2018).
Another Playpen warrant sustained. United States v. Bateman, 2018 U.S. Dist. LEXIS 67542 (S.D. Ohio Apr. 23, 2018).*