Franks from IL and CA

The affidavit for this search warrant from a 1992 California murder did not include intentional falsities or misrepresentations. The affiant summarized witnesses’ versions of defendant’s description. Even if they were false, removing them from the affidavit still leaves probable cause. People v. Miles, 2020 Cal. LEXIS 3443 (May 28, 2020).*

“We affirm the denial of the motion to suppress on the alternative ground that probable cause would have existed to search Bennett’s phone even if all the omissions identified by Bennett had been included in the warrant application. … True, the omitted facts could support an inference that Jane Doe’s mother coaxed Jane into accusing Bennett of taking the photos so that law enforcement would have justification for accessing Bennett’s phone. But this does not negate any of the ‘facts necessary to the finding of probable cause.’” United States v. Bennett, 2020 U.S. App. LEXIS 16952 (9th Cir. May 28, 2020).*