“The Court denies the Government’s motion to prohibit Defendant from cross-examining IRS Special Agent Jason Nix on his sworn statements contained in a search warrant application. See ECF 100 at 13-15. Defendant may cross examine Special Agent Nix regarding any misstatements made in the affidavit that go to credibility and bias. This Court is, however, cognizant that the search warrant affidavit has already been litigated, ECF 81, and cautions Defendant against any cross examination that is harassing or that results in a mini-Franks hearing. The Government may renew its objection if necessary during trial.” United States v. Millegan, 2022 U.S. Dist. LEXIS 95496 (D.Ore. May 27, 2022).
The known CI provided information, and the officer had no reason to doubt it. Franks claim fails. United States v. Green, 2022 U.S. Dist. LEXIS 96091 (M.D.Pa. May 27, 2022).*
An officer does not have to actually see a weapon before using deadly force if he or she sees a movement that indicates the suspect is drawing a weapon. Qualified immunity granted. N.S. v. Kansas City Bd. of Police Commissioners, 2022 U.S. App. LEXIS 14832 (8th Cir. May 31, 2022).*