Plaintiff overcame defendants’ motion for summary judgment in his Fourth Amendment § 1983 case on consent and exigent circumstances for a warrantless entry. As to consent, “open the motherfucking door or I’m going to tear it down” showed a lack of it. Kellom v. Quinn, 2019 U.S. Dist. LEXIS 85183 (E.D. Mich. May 21, 2019).
Defendant attacks each paragraph of the affidavit for search warrant for veracity. “Although not all statements in the affidavit are entirely accurate, the evidence supports some version of those challenged statements and defendant has not met his burden to establish by the preponderance of the evidence that the affiant made those statements in reckless disregard to the truth or in bad faith.” Thus, the Franks challenge fails. State v. Parks, 2019 N.C. App. LEXIS 484 (May 21, 2019).*