{"id":64759,"date":"2026-09-07T10:15:54","date_gmt":"2026-09-07T15:15:54","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64759"},"modified":"2026-09-07T10:15:54","modified_gmt":"2026-09-07T15:15:54","slug":"ca3-officers-made-reasonable-effort-to-determine-whether-house-was-multi-use","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64759","title":{"rendered":"CA3: Officers made reasonable effort to determine whether house was multi-use"},"content":{"rendered":"\n<p>Defendant lived on the second floor of a house that was not zoned as an apartment building and had no outward appearance there were separate residences. The warrant was for the whole place. The downstairs resident wasn\u2019t the person they were interested in, so they didn\u2019t search his place and went upstairs to search. There was at least a suggestion somewhere it might have been an apartment. \u201cBut there is also substantial evidence that the officer did not behave recklessly. Baker did not just refer to the property as an apartment; she also referred to it as a \u2018house.\u2019 Prior records identified her address as \u20185142 Harlan Street\u2019 with no indication of an apartment number. \u2026 After looking up a public image of the property, Detective Palma did not see ordinary visual cues indicating multiple residences. On this record, the District Court found that Detective Palma took reasonable steps to determine if the house was single- or multi-use.\u201d <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/231347np.pdf\">United States v. Bernard<\/a>, 2026 U.S. App. LEXIS 26771 (3d Cir. Sep. 1, 2026).<\/p>\n\n\n\n<p>Defendant\u2019s failure to satisfy the first prong of Franks on the substantial preliminary showing of reckless or intentional falsity, the second prong on materiality doesn\u2019t even have to be considered. United States v. Cicolella, 2026 U.S. Dist. LEXIS 195893 (D. Ariz. Aug. 31, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant lived on the second floor of a house that was not zoned as an apartment building and had no outward appearance there were separate residences. The warrant was for the whole place. The downstairs resident wasn\u2019t the person they &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64759\">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":[21,65,59],"tags":[],"class_list":["post-64759","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-particularity","category-scope-of-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64759","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=64759"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64759\/revisions"}],"predecessor-version":[{"id":64760,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64759\/revisions\/64760"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64759"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64759"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64759"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}