{"id":2540,"date":"2009-02-14T09:49:20","date_gmt":"2008-10-11T07:20:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-10-11T07:20:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2540","title":{"rendered":"CA6: Fact officers searched place and came up empty handed was not a <em>Franks<\/em> violation where they had information they missed something"},"content":{"rendered":"<p>Police had already searched defendant&#8217;s attic and determined that they may have missed something. They procured a warrant to go back, and an informant gave them information that they likely missed something in the attic. It was not a <em>Franks<\/em> violation that the police did not disclose that they previously searched the attic and found nothing since they had an independent belief there was still something there, which there was.  <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/08a0587n-06.pdf\">United States v. Fletcher<\/a>, 295 Fed. Appx. 749 (6th Cir. 2008) (unpublished).*<\/p>\n<p><em>Quarles<\/em> public safety exception does not apply where the police were looking for a gun and it was inside a house that nobody could get to. <a href=\"http:\/\/www.ca1.uscourts.gov\/cgi-bin\/getopn.pl?OPINION=07-2510P.01A\">United States v. Jackson<\/a>, 544 F.3d 351 (1st Cir. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2540\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-2540","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2540","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=2540"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2540\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2540"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2540"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2540"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}