E.D.Tenn.: When def claims material information is omitted from an affidavit for SW it becomes a Franks claim even if def doesn’t want it to be

Defendant’s claim that material evidence was omitted from the affidavit for this search warrant is, at bottom, a Franks claim that requires an offer of proof and a substantial preliminary showing it would change the probable cause determination. He failed to do so. (He claimed it was not a Franks claim, but there’s really no other way to approach it.) United States v. Glatz, 2021 U.S. Dist. LEXIS 204145 (E.D.Tenn. Oct. 22, 2021).*

Defendant was a deputy U.S. Marshal who left documents on a fax machine in the office. There was no reasonable expectation of privacy in them. Moreover, the fax cover sheet was from the office and said that the information attached was government property. He was prosecuted for identity theft. United States v. Rodgers, 2021 U.S. Dist. LEXIS 204231 (W.D.La. Sept. 30, 2021).*