CA6: Officer’s mistake he’d worked with CI before not shown to be Franks violation

Officer’s mistake in saying he’d worked with CI before that proved false still wasn’t enough to show a Franks violation because it could just be an innocent mistake and not enough to undermine the probable cause. United States v. Duncan, 2022 U.S. App. LEXIS 30935 (6th Cir. Nov. 8, 2022).*

The affidavit for warrant for this house described a drug deal at the back door. The warrant was for the first floor where drugs were found. Defendant lived in the basement, and his half-brother on the first floor. He was arrested in the basement. The warrant was based on probable cause. United States v. Geer, 2022 U.S. Dist. LEXIS 202731 (N.D. Ohio Nov. 4, 2022).*

The CI’s tip was detailed and corroborated and provided probable cause. “Bradley argues that there are innocent explanations for his conduct. However, officers are not required to exhaust all possible innocent explanations of behavior before acting to detain a suspect.” United States v. Bradley, 2022 U.S. Dist. LEXIS 202723 (M.D. Pa. Nov. 7, 2022).*

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