{"id":48644,"date":"2021-06-04T07:19:29","date_gmt":"2021-06-04T12:19:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48644"},"modified":"2021-06-04T07:19:29","modified_gmt":"2021-06-04T12:19:29","slug":"ca3-ghostwritten-sw-affidavit-not-a-franks-violation-because-there-was-indisputably-pc","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=48644","title":{"rendered":"CA3: Ghostwritten SW affidavit not a <em>Franks<\/em> violation because there was indisputably PC"},"content":{"rendered":"\n<p>A police officer\u2019s admission at trial that the affidavit for search warrant was ghostwritten for him didn\u2019t show a Franks violation because there clearly was probable cause. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/192283np.pdf\">United States v. Ware<\/a>, 2021 U.S. App. LEXIS 16568 (3d Cir. June 3, 2021).<\/p>\n\n\n\n<p>\u201cThe affidavit provided abundant probable cause concerning Lozano&#8217;s drug trafficking activities. There was physical evidence, including three kilograms of methamphetamine, text messages on Guerra and Duarte&#8217;s phones, and the photo of Lozano on Duarte&#8217;s phone, as well as the incriminating statements by the co-defendants. Given the sources and volume of evidence, no reasonable agent would have believed the affidavit was so lacking in probable cause that the magistrate judge was deficient in signing it. The Leon good faith exception applies.\u201d United States v. Lozano, 2021 U.S. Dist. LEXIS 103900 (W.D. La. May 12, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s Kansas traffic stop was attenuated from what the officers otherwise knew about him. \u201cIn the case sub judice, law enforcement officers learned that appellant possessed 40,000 grams of marijuana in his residence independent of the Kansas trooper&#8217;s observations that occurred one week before Detective Purdin&#8217;s encounter with appellant.\u201d There was probable cause. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/4\/2021\/2021-Ohio-1888.pdf\">State v. Lask<\/a>, 2021-Ohio-1888, 2021 Ohio App. LEXIS 1830 (4th Dist. May 26, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A police officer\u2019s admission at trial that the affidavit for search warrant was ghostwritten for him didn\u2019t show a Franks violation because there clearly was probable cause. United States v. Ware, 2021 U.S. App. LEXIS 16568 (3d Cir. June 3, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=48644\">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":[75,21,11,20],"tags":[],"class_list":["post-48644","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-franks-doctrine","category-good-faith-exception","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48644","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=48644"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48644\/revisions"}],"predecessor-version":[{"id":48645,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48644\/revisions\/48645"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48644"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48644"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48644"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}