{"id":41411,"date":"2019-12-25T10:36:33","date_gmt":"2019-12-25T15:36:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41411"},"modified":"2019-12-26T12:19:51","modified_gmt":"2019-12-26T17:19:51","slug":"two-franks-cases","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=41411","title":{"rendered":"Two Franks<\/em> cases"},"content":{"rendered":"

The officer\u2019s failure to include in his affidavit for search warrant the inference that the CI might be under the influence of drugs at the time of the statement wasn\u2019t material. \u201cSimilarly, the court concludes that Deputy Harmon’s failure to indicate in the affidavit that law enforcement agreed to assist Mr. Allen with an outstanding warrant in Wabaunsee County or suggested to Mr. Morgan that no charges would be filed against him stemming from his arrest does not constitute a reckless or material omission.\u201d The court gave defendant a Franks hearing. United States v. Bivens, 2019 U.S. Dist. LEXIS 217892 (D.Kan. Dec. 19, 2019).* Observation:<\/strong> I don\u2019t know why more courts don\u2019t just give Franks hearings and then grill the lawyers about \u201cHow is this material? How does this undermine probable cause?\u201d The defendant carries the burden of proof, and it is high because they are seeking to undermine a presumptively valid search warrant. I would think it would ease the court\u2019s burden in rendering a decision and they could rule from the bench and follow with a short opinion. <\/p>\n

Defendant seeks to show material omissions or falsity in an affidavit for a state search warrant premised on an unsworn letter from the person who originally talked to the police about who shot her. A Franks motion is a high burden, and the letter and the circumstances of its appearance do not undermine the initial showing of probable cause. It can\u2019t be shown that the officer was aware of any of this when the warrant was obtained. \u201cRegardless of whether the victim’s identification was accurate, Defendant has not shown that Detective Sutphin deliberately provided the issuing judge with false, material information, or that he recklessly did so. Detective Sutphin neither entertained serious doubts about the information the victim provided to Detective MacDonald, nor was there an \u2018obvious reason to doubt the truth\u2019 of the victim’s statement to Detective MacDonald.\u201d United States v. Coats, 2019 U.S. Dist. LEXIS 218026 (N.D. Ind. Dec. 19, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The officer\u2019s failure to include in his affidavit for search warrant the inference that the CI might be under the influence of drugs at the time of the statement wasn\u2019t material. \u201cSimilarly, the court concludes that Deputy Harmon’s failure to … Continue reading →<\/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-41411","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41411","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=41411"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41411\/revisions"}],"predecessor-version":[{"id":41467,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41411\/revisions\/41467"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41411"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41411"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41411"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}