The wiretap underlying the search warrant has already been sustained by the USDJ, so that can\u2019t support suppressing the search. Defendant\u2019s Franks challenge to the affidavit because of the date is really just a typo (2004 v. 2012), so it didn\u2019t merit a hearing. If it was 2004 there\u2019d be a staleness problem. When corrected, there\u2019s not. The affidavit for the search warrant shows more than adequate probable cause. United States v. Ramirez, 2016 U.S. Dist. LEXIS 183118 (W.D. Ky. Dec. 9, 2016), adopted, 2017 U.S. Dist. LEXIS 11448 (W.D. Ky. Jan. 27, 2017).<\/p>\n
A wiretap on the phone of another provided probable cause for a search of defendant\u2019s car under the automobile exception. United States v. Morrison, 2017 U.S. Dist. LEXIS 11912 (E.D.Pa. Jan. 27, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The wiretap underlying the search warrant has already been sustained by the USDJ, so that can\u2019t support suppressing the search. Defendant\u2019s Franks challenge to the affidavit because of the date is really just a typo (2004 v. 2012), so it … Continue reading