{"id":45691,"date":"2020-10-08T08:29:16","date_gmt":"2020-10-08T13:29:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45691"},"modified":"2020-10-08T08:29:16","modified_gmt":"2020-10-08T13:29:16","slug":"ca4-potentially-glaring-franks-claim-proved-immaterial","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=45691","title":{"rendered":"CA4: Potentially glaring Franks<\/em> claim proved immaterial"},"content":{"rendered":"\n

Defendant\u2019s Franks claim was based on the fact that one Blount lived at the place to be searched, and Blount was associated with 7 addresses. Blount, however, had been in prison and couldn\u2019t have lived there for a while. Nevertheless, removing everything with Blount from the affidavit for the search warrant, it still showed probable cause. \u201cWe have explained that \u2018[a]n accused is generally not entitled to challenge the veracity of a facially valid search warrant affidavit.\u2019\u201d Franks is a narrow exception. United States v. Saunders<\/a>, 2020 U.S. App. LEXIS 31823 (4th Cir. Oct. 7, 2020).*<\/p>\n\n\n\n

2254 petition denied for generality: \u201cGreen’s multiple briefs sweep in numerous other allegations. He questions how law enforcement were able to obtain a search warrant for his residence based solely on the MapQuest directions found in the getaway car, argues that a search of his residence by his parole officer \u2018produced \u2026 nothing,\u2019 [among other things]. \u2026 These arguments appear to be ineffective-assistance-of-counsel claims, since Green posits that \u2018the government may have been forced to drop the case\u2019 if his counsel had \u2018taken the proper time to address these issues.\u2019 \u2026 Without any elaboration or support, these unadorned allegations fail to show that Green’s convictions and sentence are the product of constitutional error.\u201d United States v. Green, 2020 U.S. Dist. LEXIS 185847 (M.D. Pa. Oct. 7, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s Franks claim was based on the fact that one Blount lived at the place to be searched, and Blount was associated with 7 addresses. Blount, however, had been in prison and couldn\u2019t have lived there for a while. Nevertheless, … 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":[21,23],"tags":[],"class_list":["post-45691","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-ineffective-assistance"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45691","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=45691"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45691\/revisions"}],"predecessor-version":[{"id":45693,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45691\/revisions\/45693"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45691"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45691"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45691"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}