E.D.Cal.: Material information relevant to a Franks challenge was withheld by the gov’t, and the court finds a Brady violation

Material information relevant to a Franks challenge was withheld by the government, and the court finds a Brady violation. If known to defendant, the outcome might have been different. United States v. Sheikh, 2020 U.S. Dist. LEXIS 97663 (E.D. Cal. June 3, 2020):

All of this information was known to government agents, or they should have known it, at the time of the warrant application. All of this information, or the agents’ knowledge of this information, was not properly disclosed to defendant prior to the scheduled Franks hearing. And all of this evidence would be helpful to the defendant at the Franks hearing because it tends to show that the government agent intentionally or recklessly made false or misleading statements or omissions in its warrant application. See Perkins, 850 F.3d at 1116. Accordingly, this evidence is material under Brady. Simply put, the government should have disclosed this information to the defendant, and the court strongly rejects the government’s arguments to the contrary.