The affiant’s not checking the accuracy of information in a computer system before relying on it was not a Franks violation. United States v. Thomas, 2021 U.S. App. LEXIS 11884 (6th Cir. Apr. 20, 2021):
Thomas presented no evidence that the misrepresentations in the affidavit were knowing, intentional, or made with reckless disregard for the truth. There is no evidence in the record to suggest that the inclusion of an arrest for possession of cocaine rather than marijuana was anything other than a negligent error. And there was clear evidence that the erroneous inclusion of a conviction for illegal manufacture of drugs was the result of an error in the LEADS system, a system which law enforcement officers regularly utilize to determine suspects’ criminal histories. Thomas argues that Fields showed reckless disregard for the truth by failing to cross-check the LEADS criminal history with easily accessible Summit County criminal records, and in general by failing to provide correct information in the affidavit. But Fields testified that there was no indication that the LEADS criminal history was incorrect, and that it was generally a reliable source for criminal histories. Fields’s failure to cross-check the LEADS record was not indicative of recklessness, and thus, the district court correctly concluded that Thomas failed to make a showing that false information was included in the affidavit intentionally or with a reckless disregard for the truth.
In any event, we agree with the district court that even with the erroneous criminal-history assertions excluded, the affidavit for the search of the Patterson Avenue home contained overwhelming evidence of probable cause.