Category Archives: Franks doctrine

CA10: That officer could have provided false affidavit is not a ‘substantial preliminary showing’ for Franks

“Velarde-Pavia has offered no evidence that Officer Juarez lied in his affidavit. Rather than make the needed ‘substantial preliminary showing,’ Velarde-Pavia only speculates that Officer Juarez could be lying–that is not enough.” As to informant hearsay, the affidavit for the … Continue reading

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CA4: Conclusory allegations don’t satisfy Franks

“In arguing that he was entitled to a Franks hearing, Landaverde-Giron relies only on his own conclusory allegations to demonstrate intentional falsity or reckless disregard for the truth by the affiant. He points to no evidence supporting his conclusion that … Continue reading

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M.D.Pa.: Failure to completely follow inventory policy doesn’t require suppression

The inventory here wasn’t complete because defendant’s cell phone wasn’t in the inventory and apparently left behind. [Now that’s ironic.] A gun and ammunition were. Because they are dangerous instrumentalities, that makes the inventory reasonable. “It is not obvious to … Continue reading

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D.Conn.: CI was personally involved in info he provided, and he was further corroborated by an unrelated wiretap

The CI here was untested for prior reliability, but the information was detailed and had the CI’s personal involvement. Moreover, an unrelated wiretap provided some corroboration of the CI’s involvement. This probable cause finding is not a close call. If … Continue reading

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NY1: Where seized evidence wasn’t used at trial, it’s moot

Defendant’s Fourth Amendment argument on appeal is moot. The evidence he complains was wrongly seized wasn’t used at trial. People v. Gordon, 2022 NY Slip Op 00055, 2022 N.Y. App. Div. LEXIS 63 (1st Dept. Jan. 6, 2022). The omitted … Continue reading

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CA2: Officers had reasonable belief the person granting consent was a co-occupant

Crediting the police officers’ version, the district court found that the officers had substantial reason to believe the person granting consent was an occupant of the place searched. United States v. Vega, 2021 U.S. App. LEXIS 38169 (2d Cir. Dec. … Continue reading

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CA1: “Face-to-face” contact with CI by another officer was sufficient

“Although we have said that ‘face-to-face contact between the agent and informant’ and an agent’s opportunity to personally question him generally provides indicia of that informant’s reliability, see, e.g., Dixon, 787 F.3d at 59; Greenburg, 410 F.3d at 67, the … Continue reading

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NY4: Evidence tech’s warrantless further search of premises unreasonable

The evidence technician’s testimony at the suppression hearing did not establish that a further search of the premises was necessary as part of an emergency. She knew dead person on the premises had already been pronounced when she got there. … Continue reading

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D.Del.: 4A child seizure claim requires the child be a party

A Fourth Amendment child seizure claim requires the child be a party, even if the parents assert the child’s rights. Spahr v. Collins, 2021 U.S. Dist. LEXIS 241127 (D.Del. Dec. 17, 2021). Defendant in his 2255 cannot show defense counsel … Continue reading

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W.D.La.: In a § 1983 suit over a SW, informer privilege prevents disclosure here

In a § 1983 suit over a search warrant, the defendants plead informer privilege to prevent disclosure of the CI that led to the search. Denied. Informant privilege stronger in civil cases than criminal. There was also significant other information … Continue reading

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OH6: No standing in a package stopped in transit where def’s name not anywhere on it

Defendant lacked standing to contest the detention of a package in transit in the Post Office because he was neither shown as the addressee nor the recipient. Even so, there was reasonable suspicion to detain the package. The dog sniff … Continue reading

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CA11: Ptf had no REP in workplace computer, even with personal iPhone backed up on it

Plaintiff had no reasonable expectation of privacy in her workplace computer from a search by the employer during an audit of her time off related to a second job instigated after a discrimination complaint. The fact she backed her iPhone … Continue reading

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CA4: After an agreed remand for a Franks hearing, no materiality found

The parties previously agreed to a remand for a Franks hearing. Now it’s back. “None of these omissions-even when viewed together-change the probable-cause determination. At the outset, Hall’s identified omissions are problematic for him to rely upon. For omissions about … Continue reading

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N.D.Iowa: Referring to social media posts as “open source” when friending is required isn’t materially false

It was not a Franks violation to refer to defendant’s social media posts as “open source” when defendant limited it to only “friends.” United States v. Smith, 2021 U.S. Dist. LEXIS 230826 (N.D.Iowa Dec. 2, 2021), adopting 2021 U.S. Dist. … Continue reading

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N.D.Tex.: DEA makes traffic stops

The DEA had reasonable suspicion based on collective knowledge to believe a traffic offense occurred to stop defendant’s car. United States v. Camacho, 2021 U.S. Dist. LEXIS 229674 (N.D.Tex. Nov. 30, 2021). Defendant challenged the search warrant for his blood … Continue reading

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W.D.Va.: IAC claim over how to argue GFE fails

This 2255 petitioner argued his defense lawyer didn’t properly argue application of the good faith exception in the direct appeal, but doesn’t say how the case could have come out different. Also, the briefs and opinion on appeal show that … Continue reading

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D.Kan.: Word processing error in affidavit didn’t make a Franks issue

The reference to another unknown person in the search warrant affidavit appears to be a word processing mistake and not a material false statement for Franks purposes. Denied. United States v. Moss, 2021 U.S. Dist. LEXIS 221619 (D.Kan. Nov. 17, … Continue reading

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E.D.Wis.: No hearing required on application of GFE; papers already show it

Defendant does not get a hearing on application of the good faith exception. The papers as a whole establish it for the government. The affidavit for the warrant showed sufficient information from observations for an inference that drugs were being … Continue reading

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S.D.N.Y.: Supposed Franks challenge really only expressing things for cross at trial

Defendant’s motion to reconsideration seems to raise a Franks-type challenge to the search which was not the focus of his original motion to suppress. What he raises “may be interesting cross-examination at trial, [but] they fail entirely to undermine the … Continue reading

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CA3: Merely being on bail isn’t a seizure without serious restrictions

An employment dispute devolved into plaintiff’s arrest for theft of email and a claim of official misconduct. She was acquitted and sued. “Unlike the Appellants in Black or Gallo, Lentz did not experience any significant pretrial restrictions such as extensive … Continue reading

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