D.P.R.: Franks motion that only sets up a “swearing match” for witnesses is inadequate

Defendant’s unsworn motion for a Franks hearing fails to identify the materiality of the alleged misstatement and that it was knowingly false. Setting up a “swearing match” for a hearing doesn’t satisfy Franks. United States v. Figueroa-Rivera, 2020 U.S. Dist. LEXIS 28657 (D.P.R. Feb. 18, 2020):

Figueroa-Rivera’s Declaration does not point to specific portions of Officer Alindato’s sworn statement that are intentionally false. See Franks, 438 U.S. at 155. Instead, the last catchall paragraph of the Declaration states “[t]hat the statements made by the BMP in support of the search warrant issued on November 3, 2017 are not true.” Docket No. 31-1 at 2. Thus, Figueroa-Rivera’s Declaration seeks to set up a “swearing contest” as decried by the First Circuit.