CA4: Omissions under Franks have to be shown “designed to mislead”

When challenging a search warrant under Franks for omission of information, the defendant’s burden is higher because affidavits for warrants never include all available information and don’t have to, and the omissions have to be shown “designed to mislead.” Defendant fails in this burden. United States v. Hammonds, 2022 U.S. App. LEXIS 31036 (4th Cir. Nov. 9, 2022).

This stop was based on a traffic violation. “Defendant suggests Investigator Francois was targeting him by looking for any excuse to pull him over and search the vehicle because of the CI’s tip that Defendant sold narcotics out of this vehicle and in this neighborhood. Investigator Francois denies an ulterior motive and, more importantly, any such motive would be irrelevant.” United States v. Lanier, 2022 U.S. Dist. LEXIS 203491 (S.D. Ga. Oct. 17, 2022).*

This motion to suppress the search of defendant’s girlfriend’s car under a search warrant is denied for lack of a declaration of standing. United States v. Robbins, 2022 U.S. Dist. LEXIS 203565 (W.D.N.Y. Oct. 20, 2022).*

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