{"id":59588,"date":"2024-12-14T10:37:00","date_gmt":"2024-12-14T15:37:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59588"},"modified":"2024-12-15T07:55:08","modified_gmt":"2024-12-15T12:55:08","slug":"s-d-fla-def-showed-enough-for-a-franks-violation-with-reckless-false-material-fact","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59588","title":{"rendered":"S.D.Fla.: Def showed enough for a <em>Franks<\/em> violation with reckless false material fact"},"content":{"rendered":"\n<p>A misstated fact in the search warrant affidavit was material to probable cause because there was so much other stuff. United States v. Ibanez-Molina, 2024 U.S. Dist. LEXIS 225948 (S.D. Fla. Oct. 25, 2024)*:<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>This statement is both misleading and false. It implies that the edits related solely to the false information contained in paragraphs 18 and 23 (paragraph 15, dealing with the conviction of Gonzalez, was not corrected in the affidavit in support of the Amended Search Warrant). In fact, the affidavit in support of the first federal warrant was completely different from the draft Agent Haniff assumed he was signing, and he was swearing blindly to an affidavit he had not read. Additionally, as we now know from the hearing testimony, there is no evidence establishing who authored the affidavit in support of the first search warrant. While it may have been SAUSA Sarkees, there is nothing in the record to support that supposition.<\/p>\n\n\n\n<p>For purposes of Franks, there is no evidence to suggest that Agent Haniff submitted an affidavit containing deliberately false statements. Indeed, he did not even know what was in the affidavit he signed, and the one he thought he was signing did not contain the false statements. In an ordinary case, omission of the false statements contained in paragraphs 15, 18 and 23, likely would not have negated a finding of probable cause. Nonetheless, the combined actions of the Government agent and prosecutor clearly demonstrate a reckless disregard for the truth of the sworn testimony submitted to Judge Goodman. Additionally, the fact that the agent was swearing to an affidavit he had not read and which contained statements he knew to be false clearly was material to Judge Goodman&#8217;s finding of probable cause, and would have prevented his signing the warrant. Therefore, the evidence seized pursuant to the first federal search warrant also should be suppressed on this ground.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A misstated fact in the search warrant affidavit was material to probable cause because there was so much other stuff. United States v. Ibanez-Molina, 2024 U.S. Dist. LEXIS 225948 (S.D. Fla. Oct. 25, 2024)*:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21],"tags":[],"class_list":["post-59588","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59588","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=59588"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59588\/revisions"}],"predecessor-version":[{"id":59596,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59588\/revisions\/59596"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59588"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59588"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59588"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}