N.D.Ohio: Ptf shows Franks violation for leaving out important mitigating information; officer also had apparent motive

Defendant satisfied his Franks burden of showing a material false statement in support of the probable cause showing for the warrant. That information undermined the probable cause. As to the good faith exception, this is what the exclusionary rule is for. [There was evidence the officer had it out for defendant for motive, too.] United States v. Ellis, 2021 U.S. Dist. LEXIS 139218 (N.D.Ohio July 27, 2021).

No standing in a vehicle defendant didn’t own or possess or wasn’t in at the time of the search. There was probable cause the vehicle carried a parcel of drugs. United States v. Reed, 2021 U.S. Dist. LEXIS 139458 (E.D.Mich. July 27, 2021).*

Plaintiff was arrested for public intoxication and sued over it, contending her condition was caused by MS. “The officers observed Janet stumbling and unable to stand without assistance. She admitted to drinking on the night of the concert. A reasonable officer could have concluded that Janet was intoxicated and that she posed a danger to herself or others if she tried to walk home with Eric. The officers had probable cause to arrest Janet. We thus affirm the summary judgment in favor of the County and its officers.” Prim v. Stein, 2021 U.S. App. LEXIS 22273 (5th Cir. July 27, 2021).*

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