D.Mass.: SW affidavit based on CI’s tale gets a Franks hearing

Defendant made his “substantial preliminary showing” for a possible Franks violation on the credibility of a CI to at least get a hearing. (And it sounds like he’d prevail at the hearing because the affidavit depended entirely on the CI’s tale.) United States v. Hohman, 2023 U.S. Dist. LEXIS 154134 (D. Mass. Aug. 31, 2023):

In sum, under the circumstances in this case, the omitted material sows substantial doubt as to Sarcia’s reliability and would have certainly undermined the probable cause finding. When the affidavit is reformed to include all of the omissions regarding the circumstances that led to Sarcia’s pending charges, it becomes clear that his credibility issues present an insurmountable hurdle to a finding of probable cause premised solely on his statements. This is especially so where, as here, the complainant does not merely suffer from general credibility concerns; rather, Sarcia’s credibility issues are directly pertinent to the specific allegations he made. While a fully reformed affidavit no doubt generates suspicion about Defendant’s activities, the court concludes it would not meet the legal standard of probable cause.