The FBI agent applying for the search warrant had no Franks duty to tell the issuing magistrate that Torrential Downpour, the software they were using, had been challenged elsewhere where the challenges had failed. United States v. Schwier, 2020 U.S. Dist. LEXIS 44769 (D.Alaska Mar. 16, 2020).
“Because of the public and co-defendants’ interest in a speedy trial, I directed the government in my February 11, 2020 Report Recommendation and Order to produce the search warrant for the cellular telephone, and for the defendant to file his motion for suppression by March 2, 2020, including any affidavit or declaration of standing. . p. 11. To date, nothing has been filed. Therefore, I will assume that defendant does not intend to seek suppression of this evidence, and deny the motion as moot.” United States v. Washington, 2020 U.S. Dist. LEXIS 45298 (W.D. N.Y. Mar. 16, 2020).*