Franks doesn’t apply to grand jury testimony and resulting subpoenas. United States v. Tolbert, 2019 U.S. Dist. LEXIS 76939 (D. N.M. May 7, 2019):
Tolbert’s argument fails because there is no authority to support an argument that Franks applies to testimony given before a grand jury or the resulting subpoenas. Tolbert cites no decisions in which a court has extended Franks beyond the context of a warrant affidavit, and the Court can find no case in which any federal court has applied a Franks analysis to grand jury testimony or to a subpoena. Perhaps this is because “the issuance of a subpoena to a third party to obtain the records of that party does not violate the rights of a defendant, even if a criminal prosecution is contemplated at the time of the subpoena is issued.” United States v. Miller, 425 U.S. 435, 444, 96 S. Ct. 1619, 48 L. Ed. 2d 71 (1976).