CA6: Def waived Franks argument on appeal by only arguing PC below

Defendant’s Franks argument on appeal fails because the motion to suppress was based on a lack of probable cause and didn’t direct the court to any alleged false statement under Franks. United States v. Baker, 2021 U.S. App. LEXIS 113 (6th Cir. Jan. 5, 2021):

In his motion to suppress, Baker requested an evidentiary hearing, but he did not challenge the truth of any of the facts or evidence in the affidavit; instead, he argued that the facts and evidence in the four corners of the affidavit did not meet the legal threshold of probable cause. More importantly, Baker neither raised a Franks issue nor pointed to any false statement in, or material omission from, the search warrant affidavit. In his subsequent motion in limine, Baker did not request any hearing at all. Therefore, the district court did not err by proceeding to decide the motions without a Franks hearing.

Baker’s actual argument on this issue, however, is not about the trial court’s failure to conduct a Franks hearing, but rather that, in his view, the statements and evidence provided in the affidavit did not establish probable cause. …

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