Police officer\u2019s omission of details of a protective sweep from an affidavit for a search warrant did not support a Franks claim as to how he reported responding to a 911 shots fired call. The protective sweep wasn\u2019t even hidden; it was even suggested in the papers. United States v. Ward, 2015 U.S. Dist. LEXIS 177863 (D.Nev. Oct. 19, 2015),* adopted 2016 U.S. Dist. LEXIS 60379 (D. Nev. May 5, 2016)*:
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The Court had concerns during the hearing about the walkthrough conducted subsequent to the protective sweep, which was not included in the affidavit. No information was elicited, however, that could lead to a finding that Detective Kitchen omitted this information in order to mislead the judge. In fact, the affidavit included discussion of the protective sweep, so the judge knew that entry into the residence had been made prior to issuing the warrant, and Sgt. McKenzie testified that no contraband was observed during the walkthrough that had not already been observed during the protective sweep. Thus, the Court finds that Defendant has failed to meet the first Franks prong.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
Police officer\u2019s omission of details of a protective sweep from an affidavit for a search warrant did not support a Franks claim as to how he reported responding to a 911 shots fired call. The protective sweep wasn\u2019t even hidden; … Continue reading