CA1: Franks challenge fails to undermine PC; alternative scenario was “implausible”

Defendant posited much information that was omitted from the affidavit for the search warrant, but that would have created an implausible scenario that didn’t even make sense to the appeals court. “Even if we assume that the challenged statements and omissions were either deliberate or reckless — a matter that we need not reach — it is clear that correcting the defendant’s weight and adding in the omitted information would not have vitiated the finding of probable cause. Neither the alleged misstatement about the defendant’s weight nor the omitted information was critical to the finding of probable cause.” United States v. Barbosa, 2018 U.S. App. LEXIS 19498 (1st Cir. July 16, 2018).

“Despite the R&R’s correct conclusion that probable cause supported each of the warrants, the Defendant’s Objections attempt to attack the existence of probable cause through speculation and supposition.” Defendant’s Franks challenge because of omission of details about the CI essentially is speculation. United States v. Crawford, 2018 U.S. Dist. LEXIS 116159 (E.D. Ky. July 12, 2018).*