A Franks challenge requires affidavits or other sworn testimony as an offer of proof. Franks, 438 U.S. at 171. Defendant doesn\u2019t provide any. On the merits of the search and seizure claim, it started with a knock-and-talk, and they are generally valid, and defendant doesn\u2019t explain why this one isn\u2019t. \u201cThe fact that the search warrant affidavit did not contain specific information about whether the law enforcement officers knocked promptly at the front door, waited to be received, and then left does not necessarily evidence a material omission.\u201d United States v. Boone, 2017 U.S. Dist. LEXIS 183424 (W.D. Ky. Oct. 11, 2017), adopted, 2017 U.S. Dist. LEXIS 183147 (W.D. Ky. Nov. 3, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"
A Franks challenge requires affidavits or other sworn testimony as an offer of proof. Franks, 438 U.S. at 171. Defendant doesn\u2019t provide any. On the merits of the search and seizure claim, it started with a knock-and-talk, and they are … Continue reading