D.Mass.: A failed attempt at an admin warrant and Franks violation

A contractor doing remodeling to a Bearded Dragon online business told the City about health code violations on the premises after he walked off the job. A health department officer walked through with permission and noted no violations. Later, an administrative warrant was obtained by the buildings department off the complaint of the contractor. “Even assuming the [contractor’] report turned out to be fabricated, the Amended Complaint does not plausibly allege that any Defendant knowingly or recklessly included false statements in the warrant application that were necessary to the probable cause determination.” Fleming v. Town of Oxford, 2026 U.S. Dist. LEXIS 74106 (D. Mass. Mar. 31, 2026).*

The government got the credibility call on whether the search warrant was executed after 6 am. Also, that’s a rule violation, not a constitutional one. Defendant’s asserted errors are inconsequential. United States v. Jones, 2026 U.S. App. LEXIS 9643 (8th Cir. Apr. 3, 2026).*

Conversing on a cell phone with a co-conspirator was nexus to the cell phone. United States v. Rodriguez, 2026 U.S. Dist. LEXIS 73075 (D. Mass. Apr. 2, 2026).*