{"id":55648,"date":"2023-08-21T00:01:00","date_gmt":"2023-08-21T05:01:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55648"},"modified":"2023-08-21T05:59:03","modified_gmt":"2023-08-21T10:59:03","slug":"ca6-the-fact-a-prior-car-search-came-up-empty-isnt-material-for-franks","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=55648","title":{"rendered":"CA6: The fact a prior car search came up empty isn\u2019t material for <em>Franks<\/em>"},"content":{"rendered":"\n<p>\u201cDaniel has not demonstrated that the omission of the initial car search&#8217;s fruitlessness from the affidavit amounted to a deliberate falsehood or showed reckless disregard for the truth.\u201d <a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/23a0381n-06.pdf\">United States v. Daniel<\/a>, 2023 U.S. App. LEXIS 21751 (6th Cir. Aug. 16, 2023).*<\/p>\n\n\n\n<p>\u201cIn sum, we conclude that Officer DelCore used objectively reasonable force when he initiated arrest procedures by grabbing Mr. Anderson&#8217;s wrist and twisting his arm behind his back. Considering the totality of the circumstances, Officer DelCore used a minor degree of force that was appropriately tailored to the circumstances. Even though Mr. Andersen did not pose a threat to the officers, he was suspected of a serious crime. And most importantly, Officer DelCore had a lawful basis to demand that Mr. Andersen turn over the cell phone to prevent the destruction of evidence and was entitled to use some force when he refused to comply. Therefore, no constitutional violation occurred at that point of the arrest.\u201d Andersen v. Delcore, 2023 U.S. App. LEXIS 21674 (10th Cir. Aug. 18, 2023).*<\/p>\n\n\n\n<p>One bedroom in defendant\u2019s house was rented out, and he argued that the warrant was void. It didn\u2019t have standing in that room. United States v. Wiggins, 2023 U.S. Dist. LEXIS 145009 (S.D. Tex. Aug. 18, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cDaniel has not demonstrated that the omission of the initial car search&#8217;s fruitlessness from the affidavit amounted to a deliberate falsehood or showed reckless disregard for the truth.\u201d United States v. Daniel, 2023 U.S. App. LEXIS 21751 (6th Cir. Aug. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=55648\">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":[52,21,34],"tags":[],"class_list":["post-55648","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-franks-doctrine","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55648","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=55648"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55648\/revisions"}],"predecessor-version":[{"id":55649,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55648\/revisions\/55649"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55648"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55648"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55648"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}