CA7: Omission of CI’s criminal history was “unfortunate” but not material for Franks

“[W]e agree with the district court that the ‘omission of information about the sources’ backgrounds, criminal histories, or motives does not change the probable cause determination.’ See also United States v. Sims, 551 F.3d 640, 645 (7th Cir. 2008) (omission of confidential source’s arrest record was not material to the probable cause determination). While ‘we think the[] omissions’ of information about the sources’ credibility are ‘unfortunate,’ those omissions ‘do not negate probable cause; on these facts. See Glenn, 966 F.3d at 661.” Defendant also doesn’t show that it was more than just negligence. United States v. Woodfork, 2021 U.S. App. LEXIS 16735 (7th Cir. June 3, 2021).

Police received a noise complaint from an apartment complex where a person in defendant’s apartment was throwing things and threatening to hurt other occupants. Police came to his door and he told them to “F— off” and leave. they were able to persuade him to let them in, and apparent child pornography was visible on his computer screen. The first entry was valid based on exigency, and that led to a search warrant. State v. Black, 2021 ND 103, 2021 N.D. LEXIS 97 (June 3, 2021).*

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