D.Mont.: Omission of def’s acquittal in a somewhat related case before the SW was issued was a Franks violation, but adding it in still leads to PC

The affidavit for search warrant omitted that defendant had been tried and acquitted of incest shortly before. Recasting the affidavit to include that fact, however, still leads to probable cause. “The Court determines that probable cause remains even after the Court has supplemented the evidence presented to Judge Pinski with Bennett’s acquittal on the Felony Incest charge.” United States v. Bennett, 2019 U.S. Dist. LEXIS 61909 (D. Mont. Apr. 10, 2019).

Hearsay in a report that defendant’s computer in a child pornography case might have not contacted an overseas server as alleged in the affidavit for the search warrant wasn’t sufficient to show potential Franks violation undermining the probable cause. Therefore, defense counsel wasn’t ineffective. Maloney v. United States, 2019 U.S. Dist. LEXIS 61332 (E.D. Tenn. Apr. 10, 2019).*