CA8: Officer’s training and experience not needed in SW affidavit if it shows PC

The facts in the affidavit for images on defendant’s cell phone were enough for probable cause. The officer did not have to detail his training and experience in sex assault cases, too. The alleged Franks violation, even if it was, was not material to the showing of probable cause. United States v. Daigle, 2020 U.S. App. LEXIS 1124 (8th Cir. Jan. 14, 2020).

“Here, Menjivar-Rodas failed to establish an egregious Fourth Amendment violation. He does not allege that the Customs and Border Patrol agents had an improper or arbitrary motive for stopping or detaining him. He only claims that he does not know why he was stopped and that agents did not ask him about his citizenship prior to his arrest. Without further information regarding the stop or the circumstances surrounding his arrest, Menjivar-Rodas is unable to establish an egregious Fourth Amendment violation.” Menjivar-Rodas v. Barr, 2020 U.S. App. LEXIS 1134 (9th Cir. Jan. 10, 2020).*

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