IA: State failure to object to lack of Franks preliminary showing results in hearing, but def fails anyway

Defendant got a Franks hearing without an adequate showing, and the state didn’t object. So the court of appeals considers the showing at the hearing over the state’s objection, and defendant fails to show recklessness or intentional false statement or materiality. State v. Harbach, 2023 Iowa App. LEXIS 32 (Jan. 11, 2023).

Months earlier, a motorist found stopped on rural abandoned DoD land about midnight was approached by police and she admitted she was there to meet defendant for a drug deal. Her cell phone rang during the encounter and defendant’s name appeared on the screen, but he didn’t show. The officer made a point of checking the area during his midnight shifts, and finally encountered defendant and another woman seven months later. On the totality, the officer had reasonable suspicion for the encounter. United States v. Perry, 2023 U.S. Dist. LEXIS 3193 (D. Haw. Jan. 9, 2023).*

There was an arrest warrant for defendant that justified his arrest. The court can take judicial notice of this fact from online court records without converting the motion to dismiss into one for summary judgment. One Eye El-Bey v. Sylvester, 2023 U.S. Dist. LEXIS 3128 (S.D. Ohio Jan. 6, 2023).*

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