S.D.Ga.: Review of PC for a SW is not de novo

Review of whether there is probable cause for a warrant is not de novo; it’s whether there is a substantial basis for finding probable cause, and there’s that here. United States v. Jones, 2023 U.S. Dist. LEXIS 81177 (S.D. Ga. May 9, 2023).*

Defendant’s claim of a lack of reasonable suspicion for a stop was based at worst on a reasonable mistake of fact that would not lead to suppression. United States v. Brown, 2023 U.S. Dist. LEXIS 81462 (W.D. Pa. May 8, 2023).*

“Here, the Magistrate Judge did not err in concluding that Dancy failed to make the requisite showing [under Franks]. Dancy fails to identify what false statements or omissions are in the affidavit, let alone make the connection that they were necessary to the issuing judge’s finding of probable cause.” United States v. Dancy, 2023 U.S. Dist. LEXIS 81507 (D. Minn. May 10, 2023).*

Even if the search under the warrant was excessive, which isn’t apparent, other exceptions justified the search. United States v. Cummings, 2023 U.S. Dist. LEXIS 80721 (D. Haw. May 9, 2023).*