Defendant’s arrest in a common area of an apartment building was not on the curtilage. United States v. Anderson, 2021 U.S. Dist. LEXIS 106278 (N.D. Ill. June 7, 2021).
Defendant’s Franks challenge fails as to what was omitted from the affidavit. Even without it, there is still probable cause because the omissions are immaterial. United States v. Blair, 2021 U.S. Dist. LEXIS 106366 (N.D. Ga. May 5, 2021).*
Defendant’s Franks challenge to a child pornography search warrant fails because the officer wasn’t required to show the evidence to the USMJ issuing the warrant. A description suffices. United States v. Mileikis, 2021 U.S. Dist. LEXIS 106541 (D. Mass. June 7, 2021).*
“Officers also had reasonable suspicion that Holmes was involved in at least one completed felony based on the following specific, articulable facts: (1) NIBIN analysis of ballistics evidence recovered from the March 3, 2020 shooting matched that of the firearm used in the January 10, 2020 carjacking and shooting in this case and a December 2019 shooting; (2) Holmes’ GPS location data put him at the scene of all three shootings; (3) the victim of the January 10, 2020 carjacking and shooting had previously identified Holmes as one of the perpetrators; and (4) GPS location information indicated that Holmes—to whom the Chevrolet sedan was registered—was inside the car at the time of the traffic stop. Thus, the officers’ initial stop of Holmes’ vehicle unquestionably passes Fourth Amendment muster.” United States v. Holmes, 2021 U.S. Dist. LEXIS 106562 (S.D. Ohio June 7, 2021).*