D.Kan.: After a Franks hearing, PC exists despite omitted information

Defendant was under investigation for threatening to use a weapon of mass destruction. After the search, police found child pornography, too. He filed a Franks motion about omitted information and got a hearing. The court finds probable cause and no Franks violation. The omitted information had no bearing on probable cause. United States v. Stein, 2018 U.S. Dist. LEXIS 181520 (D. Kan. Oct. 23, 2018).*

Defendant’s novel argument that California parole searches could not be conducted by law enforcement officers, too, is rejected. The statute is clear. There is a retroactivity argument if he went on parole before 1997 but not now. United States v. Davenport, 2018 U.S. App. LEXIS 30334 (9th Cir. Oct. 26, 2018).*

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