{"id":21400,"date":"2016-03-25T16:56:27","date_gmt":"2016-03-25T21:56:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21400"},"modified":"2016-03-25T16:56:27","modified_gmt":"2016-03-25T21:56:27","slug":"ca8-where-two-crimes-alleged-in-affidavit-and-pc-as-to-each-is-sufficient-franks-challenge-to-one-is-moot","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=21400","title":{"rendered":"CA8: Where two crimes alleged in affidavit and PC as to each is sufficient, Franks challenge to one is moot"},"content":{"rendered":"<p>Defendant\u2019s Franks challenge fails: There were two unrelated crimes referred to, and the PC as to the drug crime was not challenged. As to the other, that wasn\u2019t even in federal court, so it doesn\u2019t matter and wasn\u2019t material to issuance of the search warrant. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/16\/03\/152229P.pdf\">United States v. Shockley<\/a>, 2016 U.S. App. LEXIS 5357 (8th Cir. March 23, 2016).<\/p>\n<p>The seizure of defendant\u2019s cell phone from his car was reasonable because (1) there was reason to believe the phone was in the car because that\u2019s how the police tracked him, and (2) the police knew that he arranged drug deals with the phone. United States v. Wilmer, 2016 U.S. Dist. LEXIS 36789 (E.D.Mich. March 22, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s Franks challenge fails: There were two unrelated crimes referred to, and the PC as to the drug crime was not challenged. As to the other, that wasn\u2019t even in federal court, so it doesn\u2019t matter and wasn\u2019t material to &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=21400\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,21],"tags":[],"class_list":["post-21400","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-franks-doctrine"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21400","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21400"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21400\/revisions"}],"predecessor-version":[{"id":21401,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21400\/revisions\/21401"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21400"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21400"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21400"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}