Merely saying that defendant “will offer evidence” to support his allegations at a Franks hearing isn’t an offer of proof. “Stating an intent to offer evidence in the future does not satisfy McMillan’s immediate burden to justify the need for a Franks hearing, however. See Gonzalez, 781 F.3d at 430. ‘A mere allegation standing alone, without an offer of proof … is insufficient to make the difficult preliminary showing’ for a Franks hearing. United States v. El-Alamin, 574 F.3d 915, 925 (8th Cir. 2009) (internal quotation marks omitted).” As to where a Snapchat video was made, the officer said he believed it was made in defendant’s apartment, not that it was. It isn’t false. United States v. McMillan, 2018 U.S. Dist. LEXIS 87765 (D. Minn. May 25, 2018).
Wiretaps provided reasonable suspicion to believe that defendant was armed and driving around with it to “get someone.” United States v. Edwards, 2018 U.S. Dist. LEXIS 84999 (N.D. Ill. May 21, 2018).* As I’ve explained to clients before: “A wiretap is already based on probable cause. Then they get a lot more listening to you and your co-conspirators.”