CA10: Failure to specify CI’s criminal history didn’t make affidavit “bare bones” or justify a Franks hearing

Defendant was suspected of thefts of equipment from oil fields. An Oklahoma state investigator applied for a GPS warrant for defendant’s vehicle. The warrant was issued on probable cause with nexus, and the good faith exception applies. “Smith argues on appeal that the search warrant at issue was not supported by probable cause and that the good-faith exception under Leon does not apply, describing York’s affidavit as ‘bare bones.’ Smith further contends that the omission of the CRI’s criminal history from the affidavit justifies a Franks hearing. We disagree on both fronts. The affidavit provides enough information to supply a minimal nexus between the maroon truck and the crime alleged, justifying the officer’s good-faith reliance on the probable cause determination of two judges. Because we conclude that the good-faith exception under Leon applies, the district court’s denial of the motion for a Franks hearing is also necessarily correct.” United States v. Smith, 2021 U.S. App. LEXIS 3897 (10th Cir. Feb. 11, 2021).

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