VI: Multiple falsities about CI made successful Franks challenge

Defendant succeeded in his Franks challenge on misleading statements about the CI as an observer rather than participant in the crime and the affidavit lacked corroborating investigative facts and omitted information about W1’s lies. All this was material to the probable cause finding. Suppression insures fairness in the process. People of the V.I. v. Osorio, 2025 VI SUPER 3, 2025 V.I. LEXIS 1 (Super. Ct. Jan. 22, 2025).

On this sparse record, it can’t be said that this 2255 petitioner’s ineffective assistance of counsel claim was frivolous. Remanded. United States v. McNeil, 2025 U.S. App. LEXIS 1376 (4th Cir. Jan. 22, 2025).*

The officers are entitled to qualified immunity. One officer’s approach to check on plaintiff was reasonable under the community-caretaking exception. The inventory search of the car before towing it was lawful and conducted in good faith according to department policy. He consented to leaving his property with the police, so there was no unlawful seizure. The officers had probable cause to believe he stole the license plate, so seeking an arrest warrant was lawful. Wells v. Fuentes, 2025 U.S. App. LEXIS 1371 (4th Cir. Jan. 22, 2025).*

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