{"id":36334,"date":"2019-02-07T09:40:34","date_gmt":"2019-02-07T14:40:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=36334"},"modified":"2019-02-07T09:40:34","modified_gmt":"2019-02-07T14:40:34","slug":"d-nev-dna-match-overcame-alleged-franks-violation","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=36334","title":{"rendered":"D.Nev.: DNA match overcame alleged <em>Franks<\/em> violation"},"content":{"rendered":"<p>The court finds that a minimal showing of at least recklessness was made in a representation in the search warrant application that a black cloth had not been disturbed during a crime. The video surveillance shows several people did. On the probable cause showing, however, defendant fails because his DNA was on the cloth \u201cwith an error rate of 1 in 138 cotillion.\u201d United States v. North, 2019 U.S. Dist. LEXIS 18330 (D. Nev. Feb. 5, 2019).<\/p>\n<p>Defendant had his full and fair opportunity to litigate his suppression motion in state court, did, and lost. It can\u2019t now form the basis of a habeas claim. Scott v. Sheldon, 2019 U.S. Dist. LEXIS 17400 (N.D. Ohio Feb. 4, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The court finds that a minimal showing of at least recklessness was made in a representation in the search warrant application that a black cloth had not been disturbed during a crime. The video surveillance shows several people did. On &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=36334\">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":[21],"tags":[],"class_list":["post-36334","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36334","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=36334"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36334\/revisions"}],"predecessor-version":[{"id":36335,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36334\/revisions\/36335"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36334"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36334"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36334"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}