Search warrant issued for a probation violator based on an anonymous letter with a wealth of detail about defendant, including his case number, was sufficient with reasonable suspicion. An anonymous telephone call did not measure up. Also, the good faith exception applied to this probation violation search warrant. United States v. Griswold, 2010 U.S. Dist. LEXIS 73142 (E.D. Pa. July 20, 2010).*<\/p>\n
Franks<\/a> motion fails without some kind of statement in support or an offer of proof of what would be shown. United States v. Rivera-Hidalgo, 2010 U.S. Dist.LEXIS 73101 (W.D. Mich. July 20, 2010)*:<\/p>\n Defendant has set forth no factual detail, let alone evidentiary support, indicating that the warrant affidavit contains a false statement made knowingly and intentionally, or with reckless disregard for the truth. … Defendant’s contentions are based on nothing more than mere supposition–aptly characterized by the Government as “rhetorical doubts”3 (Gov’t Br. 14). Given the conclusory nature of Defendant’s argument, and the failure to challenge any particular statements in the affidavit, no further analysis under Franks is warranted. … Defendant’s request for an evidentiary hearing is properly denied.<\/p>\n 3 Defendant’s artful argument begs the question and leads one to query “Where’s the beef?”–both in terms of the challenge advanced and the rendition of the facts.<\/p><\/blockquote>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading