{"id":64975,"date":"2026-10-08T10:14:59","date_gmt":"2026-10-08T15:14:59","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64975"},"modified":"2026-10-08T10:14:59","modified_gmt":"2026-10-08T15:14:59","slug":"e-d-n-y-investigation-doesnt-have-to-be-complete-or-perfect-for-there-to-be-pc","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64975","title":{"rendered":"E.D.N.Y.: Investigation doesn&#8217;t have to be complete or perfect for there to be PC"},"content":{"rendered":"\n<p>There was no Franks violation, and there was probable cause. Yes, the officer could have done more to investigate, but that doesn\u2019t mean that there wasn\u2019t probable cause. United States v. Cruz, 2026 U.S. Dist. LEXIS 230292 (E.D.N.Y. Oct. 7, 2026):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>An investigation prior to submitting a warrant affidavit does not \u2018have to be conclusive or even perfect to give rise to probable cause.\u2019 Medina v. Stevens, No. 21-CV-1964 (BMC), 2024 WL 4467189, at *6 (E.D.N.Y. Oct. 10, 2024), aff&#8217;d, No. 24-2968, 2025 WL 3000875 (2d Cir. Oct. 27, 2025). Ultimately, the fact that Agent Jensen did not specifically seek out or have this additional information at the time she filed the warrant application does not mean that she did not have a good faith basis to represent to the magistrate judge, based on the considerable additional information she did have, that there was probable cause to believe that Cruz was the user of the -1304 phone in April 2021.<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>There was no Franks violation, and there was probable cause. Yes, the officer could have done more to investigate, but that doesn\u2019t mean that there wasn\u2019t probable cause. United States v. Cruz, 2026 U.S. Dist. LEXIS 230292 (E.D.N.Y. Oct. 7, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64975\">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":[20],"tags":[],"class_list":["post-64975","post","type-post","status-publish","format-standard","hentry","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64975","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=64975"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64975\/revisions"}],"predecessor-version":[{"id":64976,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64975\/revisions\/64976"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64975"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64975"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64975"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}