“[C]ounsel notes that he moved to suppress the text messages Bereznak and A.G. exchanged, arguing that those messages were acquired from A.G.’s cellphone in violation of Bereznak’s Fourth Amendment rights. This issue lacks merit because Bereznak had no reasonable expectation of privacy in the text messages he sent to A.G.’s cellphone.” United States v. Bereznak, 2021 U.S. App. LEXIS 20096 (3d Cir. July 7, 2021).
Defendant’s mere denial of some facts in the affidavit for the search warrant doesn’t amount to a substantial preliminary showing of knowing or reckless falsity for Franks. United States v. Hunter, 2021 U.S. Dist. LEXIS 125516 (S.D. Ohio July 6, 2021).*
“The Court further finds that Mr. Pelayo has failed to demonstrate that the search warrant for his residence lacked particularity, was overly broad, was an unconstitutional general warrant, or relied on stale information, for the reasons stated by the Government in its response.” (And no elaboration.) United States v. Woolard, 2021 U.S. Dist. LEXIS 125636 (W.D. Wash. July 6, 2021).*