{"id":40367,"date":"2019-10-27T07:27:07","date_gmt":"2019-10-27T12:27:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40367"},"modified":"2019-10-28T07:28:49","modified_gmt":"2019-10-28T12:28:49","slug":"e-d-ky-paraphrasing-defs-jail-calls-on-hearsay-without-affiant-actually-listening-to-them-isnt-a-franks-violation","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=40367","title":{"rendered":"E.D.Ky.: Paraphrasing def&#8217;s jail calls on hearsay without affiant actually listening to them isn&#8217;t a <em>Franks<\/em> violation"},"content":{"rendered":"<p>A full forensic search of defendant\u2019s cell phone was authorized by the affidavit which was attached to the search warrant. There were admissions from the defendant on jail calls to others that were reported to the police. The paraphrasing the content of the calls didn\u2019t rise to the level of a Franks violation for not listening to the calls themselves. United States v. Zulawski, 2019 U.S. Dist. LEXIS 182712 (E.D. Ky. Aug. 26, 2019).*<\/p>\n<p>Defendant\u2019s claim the stop wasn\u2019t valid isn\u2019t supported by the record. The officer testified that there was a traffic offense, and the officer wasn\u2019t required to arrest for one. The deployment of the dog didn\u2019t prolong the stop. At the police station, defendant voluntarily disrobed, they thought to hide the fact he had drugs in his underwear. United States v. Minor, 2019 U.S. Dist. LEXIS 183054 (S.D. Ind. Oct. 23, 2019).*<\/p>\n<p>Defense counsel wasn\u2019t ineffective for not filing a motion to suppress somebody else\u2019s cell phones because defendant had no standing. Swatzell v. United States, 2019 U.S. Dist. LEXIS 182479 (E.D. Tenn. Oct. 21, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A full forensic search of defendant\u2019s cell phone was authorized by the affidavit which was attached to the search warrant. There were admissions from the defendant on jail calls to others that were reported to the police. The paraphrasing the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=40367\">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":[21,23,41],"tags":[],"class_list":["post-40367","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-ineffective-assistance","category-strip-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40367","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=40367"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40367\/revisions"}],"predecessor-version":[{"id":40368,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40367\/revisions\/40368"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40367"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40367"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40367"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}