W.D.N.Y.: The fact a SW affidavit for guns also suggests drugs doesn’t make a Franks issue; a SW can have a dual purpose but rely more heavily on one

Defendant fails to satisfy his Franks burden that the affidavit for the search warrant was intended to be misleading. The affidavit was for trafficking in firearms, but a CI’s statement also references drugs. Defendant’s conclusory allegations don’t satisfy the “substantial preliminary showing” requirement. “Moreover, with respect to the claim that the true purpose of the search warrant was to find evidence of firearms trafficking as opposed to drug trafficking, the fact that law enforcement may have had a dual purpose for executing the search warrant—even a purpose that was not disclosed to the issuing judge—does not automatically satisfy the Franks standard. Instead, the nondisclosure of information must have been intended to mislead.” As to the merits of the search warrant for an apartment, the court finds the record inadequate to resolve all the issues or even the good faith exception, and a hearing will be scheduled. United States v. Thompson, 2019 U.S. Dist. LEXIS 161136 (W.D. N.Y. Sept. 19, 2019).

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