W.D.N.Y.: Govt gets benefit of GFE which overrides Franks [without sufficiently telling us why]

Defendant twice asked the USMJ for a Franks hearing and never got one. On review, application of the good faith exception is sustained. “Here, the Government has shown that McMahon and the other law enforcement officers that executed the search acted in good faith on it. Consequently, the Government avoids any possible suppression resulting from a Franks hearing.” [Which doesn’t follow.] United States v. Williams, 2019 U.S. Dist. LEXIS 117326 (W.D. N.Y. July 15, 2019).*

In his habeas case, petitioner claimed defense counsel failed to pursue a suppression motion over seizure of his trial papers in his jail cell before trial. Defense counsel in fact litigated that by filing an emergency motion and getting a hearing and recovering papers. It wasn’t called a “suppression motion,” but it was the functional equivalent of one. So, no IAC. Pawley v. Inch, 2019 U.S. Dist. LEXIS 117301 (S.D. Fla. July 12, 2019).*

This entry was posted in Franks doctrine, Good faith exception. Bookmark the permalink.

Comments are closed.