{"id":61661,"date":"2025-08-13T08:22:12","date_gmt":"2025-08-13T13:22:12","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61661"},"modified":"2025-08-13T08:22:12","modified_gmt":"2025-08-13T13:22:12","slug":"n-d-ill-a-mistake-on-the-address-was-made-up-for-by-other-detail-no-franks-violation","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=61661","title":{"rendered":"N.D.Ill.: A mistake on the address was made up for by other detail; no <em>Franks<\/em> violation"},"content":{"rendered":"\n<p>\u201cTo the extent the lack of an address lessens a warrant&#8217;s particularity, the other information more than makes up for it. \u2026 In this case, Walters highlights one factual error: No glass door bearing the numbers \u201813624\u2019 existed when the officers conducted the controlled purchase or sought the warrant. But that statement wasn&#8217;t \u2018material,\u2019 because probable cause existed without it. As discussed above, Arbisi&#8217;s affidavit was credible and demonstrated a fair probability that contraband would be found at the location. The officers established that the CI didn&#8217;t have drugs, observed them enter the store, and monitored the CI as they regrouped with the officers. The false statement, therefore, didn&#8217;t impact the probable cause determination. What&#8217;s more, even if it were material, Walters doesn&#8217;t sufficiently allege that it was made knowingly or recklessly.\u201d United States v. Walters, 2025 U.S. Dist. LEXIS 155451 (N.D. Ill. Aug. 12, 2025).*<\/p>\n\n\n\n<p>The trial court erred in finding no probable cause for defendant\u2019s arrest. There was reasonable suspicion for FSTs, and the result there justified the arrest. State v. Cha, 2025 Tex. App. LEXIS 6051 (Tex. App. \u2013 Dallas Aug. 12, 2025).*<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not raising standing where the government conceded standing and it had nothing to do with the trial court\u2019s decision. Defense counsel wasn\u2019t ineffective for putting exhibits into evidence at the suppression hearing to an attempt to rebut reasonable suspicion where they had nothing to do with the court\u2019s decision. United States v. Spellman, 2025 U.S. Dist. LEXIS 153786 (D. Neb. Aug. 8, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cTo the extent the lack of an address lessens a warrant&#8217;s particularity, the other information more than makes up for it. \u2026 In this case, Walters highlights one factual error: No glass door bearing the numbers \u201813624\u2019 existed when the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=61661\">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":[21,65],"tags":[],"class_list":["post-61661","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-particularity"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61661","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=61661"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61661\/revisions"}],"predecessor-version":[{"id":61662,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61661\/revisions\/61662"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61661"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61661"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61661"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}