AR: Claim of misstatement or incorrect fact in SW affidavit doesn’t state Franks claim without allegation it was reckless or intentional

Merely stating that information in the affidavit for search warrant was incorrect doesn’t preserve a Franks challenge without also alleging that it was recklessly or intentionally made. King v. State, 2019 Ark. 114, 2019 Ark. LEXIS 125 (Apr. 18, 2019).

Defendant’s motion to amend his 2255 is granted in part as to his Fourth Amendment claim with ineffective assistance. At the pleading stage, the court can’t say it’s futile. United States v. Miller, 2019 U.S. Dist. LEXIS 66653 (E.D. Pa. Apr. 19, 2019).

Officers get qualified immunity for seizing defendant’s guns during pendency of criminal proceedings. It’s not clearly established that his constitutional rights were violated. Moreover, at the conclusion of the case, they were returned. Kelly v. Conner, 2019 U.S. App. LEXIS 11492 (4th Cir. Apr. 18, 2019).*

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