An AUSA can write a search warrant application summarizing what he or she knows from the investigation even though it includes some conclusions. It\u2019s based here on facts the government believes it can prove. In re Larksuktom, 2026 U.S. Dist. LEXIS 137544 (N.D. Tex. June 22, 2026):<\/p>\n\n\n\n\n\n\n\n
\nThe Court disagrees that the affidavit is conclusory in its statement of relevant events and observations from the investigation. As detailed above, the prosecutor has recounted specific events based on witness and co-conspirator statements, financial analysis conducted by KTB, and investigators’ observations. These factual averments enable the Court to perform its function of assessing probable cause. Cf. United States v. Morton, 46 F.4th 331, 336-38 (5th Cir. 2022) (en banc) (discussing wholly conclusory statements in the context of evaluating search warrant affidavits). And courts have found probable cause based on affidavits by prosecutors recounting facts from the investigation. See, e.g., Emami v. U.S. Dist. Ct. for N. Dist. of California, 834 F.2d 1444, 1450-52 (9th Cir. 1987); In re Extradition of Bowman, No. 19MJ5089-JLB, 2020 WL 6689807, at 7-9 (S.D. Cal. Nov. 13, 2020); In re Extradition of Jarosz, 800 F. Supp. 2d 935, 944-49 (N.D. Ill. 2011); Joseph v. Hoover, 254 F. Supp. 2d 595, 601 (D.V.I. 2003). “Hearsay statements of witnesses summarized in the affidavit of a foreign official are admissible and may be sufficient to support a finding of probable cause.” In re Extradition of Blakeney, No. 10-MJ-635 SMG, 2010 WL 4457778, at *3 (E.D.N.Y. Nov. 1, 2010); see also Vargas, 978 F. Supp. 2d at 747 (“[T]he Supreme Court has found that extradition may be predicated entirely on the ‘unsworn statements of absent witnesses.'” (quoting Collins, 259 U.S. at 317)). Here, the facts recounted by the prosecutor come from information provided by Larksuktom’s superiors and subordinates, Laddawan, and financial analysts, among others. The facts alleged evince sufficient indicia of reliability to support the Court’s probable-cause determination.<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"
An AUSA can write a search warrant application summarizing what he or she knows from the investigation even though it includes some conclusions. It\u2019s based here on facts the government believes it can prove. In re Larksuktom, 2026 U.S. Dist. … Continue reading