E.D.Wis.: Franks hearing denied; even if what def says is true, PC not undermined

Defendant makes a Franks challenge to events recounted from one day in the time line, which the court finds not material to the ultimate showing of probable cause. Therefore, there was an insufficient preliminary showing for a hearing. United States v. Chagoya, 2020 U.S. Dist. LEXIS 46749 (E.D. Wis. Jan. 29, 2020).

“Concerned that Alexander may have been tipped off by the Kia occupants, at approximately 8:30 p.m. task force officers executed so-called ‘hit-and-holds’ on Alexander’s residence and Nelson’s home, as Lawrence worked to finalize his affidavit and apply for search warrants. … That is to say, officers simultaneously entered both houses, performed protective sweeps, and handcuffed the occupants to assure the safety of law enforcement and prevent the destruction of evidence while search warrants were being obtained.” While they were seeking a search warrant, defendant consented to the search, and it was voluntary consent. United States v. Alexander, 2020 U.S. Dist. LEXIS 45853 (D. Del. Mar. 17, 2020).*

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