E.D.Mich.: Innocent explanations for pole camera evidence to get SW didn’t make a Franks challenge because there still was PC

Defendant’s innocent explanations for what pole camera videos showed that were not in the affidavit for search warrant do not amount to a Franks challenge. There still was probable cause. United States v. Joye, 2020 U.S. Dist. LEXIS 66463 (E.D. Mich. Apr. 15, 2020).

A 911 caller reported that a short black male in particular dress pointed a gun at him. Defendant’s stop based on that was with reasonable suspicion where defendant was slow to comply with the officer’s directions. State v. Berrian, 2020-Ohio-1515, 2020 Ohio App. LEXIS 1472 (10th Dist. Apr. 16, 2020).

Defendant was taken in for questioning in handcuffs but not formally arrested then. This was not an arrest triggering the speedy trial clock. State v. Cheeks, 2020 Fla. App. LEXIS 5137 (Fla. 4th DCA Apr. 15, 2020).

This entry was posted in Arrest or entry on arrest, Franks doctrine, Pole cameras, Reasonable suspicion. Bookmark the permalink.

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