CA10: Weaknesses in the PC for Franks should be disclosed

Plaintiff failed to show a Franks violation in the affidavit for warrant. “To be sure, if the affiant for a warrant possesses information that would cast substantial doubt on the existence of probable cause, that information should not be intentionally withheld from the judge asked to approve the warrant. But Detective Reid’s affidavit discloses how she made the identification, so any weaknesses of the procedure were apparent to the judge.” Metzler v. City of Colo. Springs, 2021 U.S. App. LEXIS 1167 (10th Cir. Jan. 15, 2021).

There was a factual dispute underlying the district court’s denial of summary judgment for qualified immunity, so there is no jurisdiction for this appeal. Estate of Anderson v. Marsh, 2021 U.S. App. LEXIS 1153 (9th Cir. Jan. 15, 2021).*

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