{"id":33201,"date":"2018-05-28T06:57:49","date_gmt":"2018-05-28T11:57:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33201"},"modified":"2018-05-28T06:57:49","modified_gmt":"2018-05-28T11:57:49","slug":"d-minn-merely-saying-that-defendant-will-offer-evidence-to-support-his-allegations-at-a-franks-hearing-isnt-an-offer-of-proof","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33201","title":{"rendered":"D.Minn.: Merely saying that defendant \u201cwill offer evidence\u201d to support his allegations at a <em>Franks<\/em> hearing isn\u2019t an offer of proof"},"content":{"rendered":"<p>Merely saying that defendant \u201cwill offer evidence\u201d to support his allegations at a Franks hearing isn\u2019t an offer of proof. \u201cStating an intent to offer evidence in the future does not satisfy McMillan&#8217;s immediate burden to justify the need for a Franks hearing, however. See Gonzalez, 781 F.3d at 430. \u2018A mere allegation standing alone, without an offer of proof &#8230; is insufficient to make the difficult preliminary showing\u2019 for a Franks hearing. United States v. El-Alamin, 574 F.3d 915, 925 (8th Cir. 2009) (internal quotation marks omitted).\u201d As to where a Snapchat video was made, the officer said he believed it was made in defendant\u2019s apartment, not that it was. It isn\u2019t false. United States v. McMillan, 2018 U.S. Dist. LEXIS 87765 (D. Minn. May 25, 2018).<\/p>\n<p>Wiretaps provided reasonable suspicion to believe that defendant was armed and driving around with it to \u201cget someone.\u201d United States v. Edwards, 2018 U.S. Dist. LEXIS 84999 (N.D. Ill. May 21, 2018).* As I&#8217;ve explained to clients before: &#8220;A wiretap is already based on probable cause. Then they get a lot more listening to you and your co-conspirators.&#8221;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Merely saying that defendant \u201cwill offer evidence\u201d to support his allegations at a Franks hearing isn\u2019t an offer of proof. \u201cStating an intent to offer evidence in the future does not satisfy McMillan&#8217;s immediate burden to justify the need for &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33201\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21],"tags":[],"class_list":["post-33201","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33201","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=33201"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33201\/revisions"}],"predecessor-version":[{"id":33202,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33201\/revisions\/33202"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33201"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33201"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33201"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}