CA9: Franks violation states § 1983 claim

The DA declined to prosecutor the plaintiff because of a Franks violation in the affidavit for the search warrant. Plaintiff sued, and qualified immunity is found not inapplicable. Dahlin v. Frieborn, 2021 U.S. App. LEXIS 16077 (9th Cir. May 28, 2021).

The grassy area between two houses wasn’t on the curtilage of defendant’s place. It was also out in the open visible to passersby. All four of the Dunn factors weigh against curtilage here. United States v. Kelly, 2021 U.S. Dist. LEXIS 100794 (D. Idaho May 25, 2021).

There were two separate search warrants for defendant’s property, both based on the same showing of probable cause. The first was valid because it was based on probable cause, so that made the second valid, too, and it is not the fruit of the poisonous tree. United States v. Bibbs, 2021 U.S. Dist. LEXIS 100944 (E.D. Tenn. May 28, 2021),* R&R 2021 U.S. Dist. LEXIS 101478 (E.D. Tenn. Apr. 12, 2021).*

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