Defendant claimed a Franks violation from the officer\u2019s failure to include things that were true about defendant before things went south that night. It wasn\u2019t material to defendant\u2019s state of mind at the time of the occurrence. United States v. Green, 2019 U.S. Dist. LEXIS 206253 (N.D. Tex. Nov. 26, 2019).*<\/p>\n
Defendant\u2019s nervousness and failure to quickly produce his rental agreement really added nothing to the reasonable suspicion calculus. His two prior robbery convictions were more important, especially coupled with his not keeping his story straight about his travel plans and his volunteering irrelevant information and attempting to ingratiate himself with the officer. United States v. Calderon, 2019 U.S. Dist. LEXIS 206346 (N.D. Ala. Oct. 21, 2019),* adopted, 2019 U.S. Dist. LEXIS 204976 (N.D. Ala. Nov. 26, 2019).*<\/p>\n
Officers had a search warrant for drugs, which defendant doesn\u2019t contest. He does contest the seizure of guns found during the search, but officers knew he was a convicted felon, so that qualified for plain view. United States v. Lawton, 2019 U.S. Dist. LEXIS 206209 (S.D. Ga. Nov. 27, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant claimed a Franks violation from the officer\u2019s failure to include things that were true about defendant before things went south that night. It wasn\u2019t material to defendant\u2019s state of mind at the time of the occurrence. United States v. … Continue reading