CA11: Can’t force a Franks hearing by mandamus; there’s a right to appeal

“Spencer’s claim for mandamus relief is frivolous. Liberally construing his mandamus petition, Spencer appears to seek an order directing the district court to hold a Franks hearing in his underlying criminal case in relation to the seizure of evidence used against him in his criminal prosecution. However, now that a final judgement has issued in his case, he has the adequate alternative remedy of raising suppression-related issues in his pending appeal.” In re Spencer, 2022 U.S. App. LEXIS 30194 (11th Cir. Oct. 31, 2022).

Defendant’s Franks challenge fails. He was under surveillance and officers were taking pictures. He argues if there was no picture of something, it didn’t happen. But the court doesn’t agree. United States v. Rodriguez-Maldonado, 2022 U.S. Dist. LEXIS 197066 (D.P.R. Oct. 26, 2022).*

A co-occupant consented to the search and there’s no indication defendant objected during from afar, as in Randolph. United States v. Long, 2022 U.S. Dist. LEXIS 196754 (E.D. Va. Oct. 28, 2022).*

On the totality of information there was nexus to the place searched shown in the affidavit for warrant. United States v. Cass, 2022 U.S. Dist. LEXIS 197043 (D. Neb. Oct. 26, 2022).*

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