False statement in an affidavit was testified to being a \u201cmere mistake\u201d in reporting information so the good faith exception still applies. If the officer testified it was a \u201cmere mistake,\u201d well, then, it can\u2019t be wilfully false. Thus, the court does not have to disregard the information in finding the good faith exception applicable without regard to whether there is probable cause. United States v. Hall, 2014 U.S. Dist. LEXIS 76036 (E.D. Tex. May 1, 2014), adopted 2014 U.S. Dist. LEXIS 75726 (E.D. Tex. June 3, 2014).*<\/p>\n
The affidavit contesting the facts for an evidentiary hearing on a motion to suppress in the Second Circuit has to be on the personal knowledge of the defendant, not counsel. Defendant doesn\u2019t sufficiently dispute that he consented by saying \u201cI don\u2019t recall.\u201d United States v. Walia, 2014 U.S. Dist. LEXIS 77429 (E.D. N.Y. June 5, 2014).*<\/p>\n
2255 petitioner\u2019s claim that defense counsel was ineffective for not raising a Franks claim fails on the merits, so it can be ineffective. United States v. Jennings, 2014 U.S. Dist. LEXIS 77439 (W.D. N.Y. April 29, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"
False statement in an affidavit was testified to being a \u201cmere mistake\u201d in reporting information so the good faith exception still applies. If the officer testified it was a \u201cmere mistake,\u201d well, then, it can\u2019t be wilfully false. Thus, the … Continue reading