GA: Grant of Franks motion is subject to de novo review

The court erred in finding a Franks violation without considering whether the challenged representation in the warrant was made knowingly, intentionally, or in reckless disregard for the truth. On de novo review, that the trial court erred in finding there was a misrepresentation or falsehood. Also, the trial court erred in granting the motion to suppress evidence from defendant’s cell phone records because the state showed probable cause based on the cell phone records showing movement of the cell phone mirrored movement of the vehicle involved with the shooting. State v. Britton, 2023 Ga. LEXIS 99 (May 16, 2023).

Even if the omitted information was included in the search warrant application, the warrant would still have issued. United States v. Spencer, 2023 U.S. Dist. LEXIS 84384 (E.D. Wis. May 15, 2023).*

In this “tragic” case, the Vero Beach SWAT team executed a search warrant at 5:30 am. They used flashbangs and were shot at. They returned fire and plaintiff’s decedent was in the crossfire and was shot and killed lying in bed. On the whole, excessive force was not used. Woods v. Reeve, 2023 U.S. Dist. LEXIS 84786 (S.D. Fla. May 15, 2023).*

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