{"id":50353,"date":"2021-11-10T07:13:07","date_gmt":"2021-11-10T12:13:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50353"},"modified":"2021-11-10T07:13:07","modified_gmt":"2021-11-10T12:13:07","slug":"s-d-n-y-supposed-franks-challenge-really-only-expressing-things-for-cross-at-trial","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=50353","title":{"rendered":"S.D.N.Y.: Supposed <em>Franks<\/em> challenge really only expressing things for cross at trial"},"content":{"rendered":"\n<p>Defendant\u2019s motion to reconsideration seems to raise a Franks-type challenge to the search which was not the focus of his original motion to suppress. What he raises \u201cmay be interesting cross-examination at trial, [but] they fail entirely to undermine the truth of the statement in the warrant application.\u201d United States v. Del Villar, 2021 U.S. Dist. LEXIS 215303 (S.D.N.Y. Nov. 7, 2021).<\/p>\n\n\n\n<p>Plaintiff\u2019s theory that the stop was unreasonably extended wasn\u2019t in his complaint; it was in a response to the motion to dismiss. If it were in an amended complaint, it would state a claim. In ruling on the motion, the court goes by the face of the complaint, and plaintiff fails to state a claim. <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/202014803.pdf\">Friedson v. Shoar<\/a>, 2021 U.S. App. LEXIS 33081 (11th Cir. Nov. 8, 2021).*<\/p>\n\n\n\n<p>\u201cHere, Defendant has not articulated the basis for her conclusory statement that her rights were violated, leaving the Court to speculate.\u201d \u201cUpon its review of the affidavit and search warrant, the undersigned finds no basis for Defendant&#8217;s conclusion that the search warrant was defective.\u201d United States v. Rivera-Banchs, 2021 U.S. Dist. LEXIS 215696 (W.D.N.Y. Nov. 8, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s motion to reconsideration seems to raise a Franks-type challenge to the search which was not the focus of his original motion to suppress. What he raises \u201cmay be interesting cross-examination at trial, [but] they fail entirely to undermine the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=50353\">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":[45,104,21],"tags":[],"class_list":["post-50353","post","type-post","status-publish","format-standard","hentry","category-45","category-burden-of-pleading","category-franks-doctrine"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50353","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=50353"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50353\/revisions"}],"predecessor-version":[{"id":50354,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50353\/revisions\/50354"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50353"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50353"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50353"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}