Daily Archives: October 25, 2021

E.D.Tenn.: When def claims material information is omitted from an affidavit for SW it becomes a Franks claim even if def doesn’t want it to be

Defendant’s claim that material evidence was omitted from the affidavit for this search warrant is, at bottom, a Franks claim that requires an offer of proof and a substantial preliminary showing it would change the probable cause determination. He failed … Continue reading

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C.D.Ill.: Entry onto def’s curtilage to investigate his weapon possession broadcast live on SnapChat was with RS and reasonable

Officers were regularly monitoring defendant’s SnapChat account and saw him in real time with a gun. He was a convicted felon. “The officers decided to go to the Residence to detain Banks on his porch to investigate whether he had … Continue reading

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S.D.W.Va.: Def’s merely talking to an alleged shooter wasn’t RS

Defendant’s merely talking to an alleged shooter before his interaction with the police was not reasonable suspicion he was armed and dangerous. “The totality of the circumstances here does not support a reasonable suspicion that Defendant was armed and dangerous … Continue reading

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