D.Minn.: Def succeeds in his Franks offer of proof; PC doubtful

Defendant succeeds in his Franks offer of proof. The omitted information undermines probable cause, and a hearing will be held. United States v. Reed, 2018 U.S. Dist. LEXIS 206986 (D. Minn. Dec. 7, 2018):

The Court concludes that Reed has met his burden to make a substantial preliminary showing. As Reed notes in his motion, issuance of the DNA warrant required probable cause linking him to the gun found in the backpack. “Where the standard is probable cause, a search or seizure of a person must be supported by probable cause particularized with respect to that person.” Ybarra v. Illinois, 444 U.S. 85, 91 (1979). The warrant affidavit links Reed to the gun by emphasizing Reed’s seat in the vehicle before he fled and where the backpack was found. But it omits other facts that would have been critical to a probable cause finding because they suggest a disconnect between Reed and the backpack. Through cross-examination, Reed’s counsel highlighted that officers never saw Reed with the backpack, and that the backpack contained a receipt that connected the backpack to another person. These facts, if included, undermine what little probable cause there already was to connect Reed to the backpack, which was in another person’s car, in which Reed was a passenger. The omission of these facts allowed a judicial officer to draw inferences about Reed’s control of the backpack that may well not be drawn if included.