{"id":1243,"date":"2007-08-13T07:36:51","date_gmt":"2007-08-13T07:36:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-08-13T07:36:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1243","title":{"rendered":"Discrepancy between a police report and affidavit for warrant of where child porn was seen justifies a Franks<\/em> hearing"},"content":{"rendered":"

Defendant was accused by a young boy of inappropriate sexual contact, showing him child porn, having child porn in his home, and offering him drugs. That was probable cause to believe that child porn would be found in defendant’s house. A discrepancy between the affidavit and a supplemental police report that showed that the boy saw child porn in defendant’s car instead that came out at the suppression hearing was sufficient to warrant a Franks<\/em> hearing, too. United States v. Cook, 2007 U.S. Dist. LEXIS 58448 (D. Kan. August 7, 2007)*:<\/p>\n

Defendant’s motion to suppress does not expressly allege that there are false statements in the affidavit. The motion only states that the reports of the affiant do not support the allegations he made in the affidavit. At the hearing upon the motion to suppress, however, defense counsel did state that the search warrant affidavit was false. While defendant has provided no affidavits to support this position, he has supplied some proof to support his claim that the search warrant affidavit lacks veracity as to the statements linking pornography to defendant’s residence. While the issue is close, we deem the proof sufficient to warrant a Franks<\/em> hearing to determine whether that aspect of the search warrant affidavit was truthful.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1243","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1243","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1243"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1243\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1243"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1243"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1243"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}