Defendant\u2019s Franks challenge fails. The officer\u2019s assertion of fact was a reasonable inference based on what he saw and wasn\u2019t false. United States v. Cruz-Arroyo, 2019 U.S. Dist. LEXIS 47172 (D. P.R. Mar. 19, 2019).*<\/p>\n
Defendant\u2019s Franks challenge fails for not \u201cidentify[ing] for the Court any omitted facts that were known by Officer Riley at the time he applied for the search warrant yet were not included in the search warrant affidavit.\u201d United States v. Turner, 2019 U.S. Dist. LEXIS 46533 (E.D. Mich. Mar. 21, 2019).*<\/p>\n
\u201cHere, probable cause supported the searches at issue regardless of whether the Affiant falsely stated that the legal opinions at issue created an \u2018illegal tax scheme.\u2019 Lebowitz, 676 F.3d at 1010. The detailed 32-page affidavit in support of the warrant provided sufficient evidence for the issuing magistrate to conclude that Appellants may have devised the BPP scheme precisely to effect the submission of materially false tax returns.\u201d United States v. Donaldson<\/a>, 2019 U.S. App. LEXIS 8684 (11th Cir. Mar. 22, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":" Defendant\u2019s Franks challenge fails. The officer\u2019s assertion of fact was a reasonable inference based on what he saw and wasn\u2019t false. United States v. Cruz-Arroyo, 2019 U.S. Dist. LEXIS 47172 (D. P.R. Mar. 19, 2019).* Defendant\u2019s Franks challenge fails for … Continue reading