Three on Franks

Defendant’s Franks challenge was properly rejected because assuming the challenged information was out of the affidavit, probable cause still exists. United States v. Carrasco, 2020 U.S. App. LEXIS 17553 (9th Cir. June 4, 2020).*

In a civil rights case, the Franks challenge was rejected as speculative, and probable cause remained. Siddiqui v. Rocheleau, 2020 U.S. App. LEXIS 17566 (2d Cir. June 4, 2020).*

Even including the omitted exculpatory evidence that defendant complains about, there still was probable cause for the search. The exculpatory evidence didn’t undermine the probable cause. The warrant was also particular with an incorporated attachment. United States v. Sanders, 2020 U.S. Dist. LEXIS 98261 (N.D. Okla. June 4, 2020).*

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