CA6: Franks challenges subject to clearly erroneous standard of review; here, materiality not shown

The District Court’s findings under Franks are subject to the clear error standard of review. Here, the officer learned a new fact between the wiretap application and the search warrant application, and there is some surface appeal to apply Franks. Nevertheless, it isn’t material to the finding of probable cause. United States v. Asker, 2017 U.S. App. LEXIS 1057 (6th Cir. Jan. 18, 2017).

Defendant’s DUI consent argument depended on a credibility determination that he lost in the trial court, and the evidence supports it. State v. Lutton, 2017 Ida. App. LEXIS 4 (Jan. 18, 2017).*

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