N.D.Ind.: Franks challenge in PC clothing fails for no offer of proof

“At first glance, the Defendant’s motion does not appear to be a true Franks hearing request as it does not appear to contest the veracity of the statements of the affiant or assert that she made false allegations. Rather, it would appear throughout the briefing that the Defendant is really contesting whether the Magistrate Judge had sufficient information regarding the reliability of the CI to justify his probable cause determination. However, because the Defendant has raised the issue, the Court shall address the request for a Franks hearing out of an abundance of caution.” And he fails: “The Defendant has not put forth any offer of proof that contains anything other than unsworn conclusory statements (presumably by the Defendant but that is unclear) that certain information was omitted. What’s more, he has not presented any evidence, either direct or circumstantial, of the affiant’s state of mind regarding the allegedly omitted information.” United States v. Larry, 2021 U.S. Dist. LEXIS 1042 (N.D. Ind. Jan. 5, 2021).*

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