The government concedes after conviction on seven counts that three of the counts against defendant were the product of an illegal search. They argue the remainder can stand without it. It can\u2019t because, if there was any doubt for any jurors, this evidence extinguished it. “Drugs, guns, and money. That is how the Government summarized its case against Matt Jones. The Government now concedes that the drugs, guns, and money from Jones’ residence were seized in violation of the fourth amendment. After seeing this evidence at trial, the jury convicted Jones of seven counts related to heroin distribution and gun possession. The question now before the Court is whether any of those seven counts can withstand\u00a0the admitted violation of Jones’\u00a0fourth amendment rights.” United States v. Jones, 2022 U.S. Dist. LEXIS 12914 (E.D.Pa. Jan. 25, 2022).*<\/p>\n\n\n\n
On defendant\u2019s Franks claim: \u201cAt best, the defendant has pointed out inartful drafting on Fenner’s part and a small transcription error. The defendant has presented no direct evidence of Fenner’s state of mind or showed any intent to deceive, and the evidence Fenner had indicates that there was no need for him to lie or be reckless with the truth. Because Judge Dries did not commit clear error in concluding that the defendant had not made the necessary preliminary showing for a Franks hearing, the court will not reverse that ruling and will not order a Franks hearing.\u201d And, \u201cEven if the defendant had demonstrated that Fenner made a material false statement or misrepresentation, he would have been required to demonstrate that absent the false statement or misrepresentation, probable cause would not have existed.\u201d It does. United States v. Massey, 2022 U.S. Dist. LEXIS 12938 (E.D.Wis. Jan. 25, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The government concedes after conviction on seven counts that three of the counts against defendant were the product of an illegal search. They argue the remainder can stand without it. It can\u2019t because, if there was any doubt for any … Continue reading