LA2: Failure to return papers to the clerk or court does not warrant suppression

The searching officer’s failure to file the return of the paperwork with the court is not a constitutional violation requiring suppression of the search warrant. State v. Hardyway, 2019 La. App. LEXIS 320 (La. App. 2 Cir. Feb. 27, 2019).

Defendant is a doctor accused in 166 counts for unlawful distributions of controlled substances and health care fraud. (a) His motion to suppress on Franks grounds fails because there is no sufficient offer of proof. “Here, Judge Schroeder found that SA Budz’s affidavit contained 70 ‘descriptive paragraphs of his interviews of various employees of the defendant who described in detail the various practice procedures that were utilized in the defendant’s medical practice for issuing prescriptions, bills to insurance companies and patient notekeeping,’ and that these paragraphs, in totality, more than sufficed to provide probable cause.” (b) The warrant was sufficiently particular because it listed things and referred to the statutes allegedly violated. (c) Lack of a search protocol is not unconstitutional. United States v. Gosy, 2019 U.S. Dist. LEXIS 31389 (W.D. N.Y. Feb. 28, 2019).*