{"id":33914,"date":"2018-07-18T00:00:19","date_gmt":"2018-07-18T05:00:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33914"},"modified":"2018-07-17T17:27:36","modified_gmt":"2018-07-17T22:27:36","slug":"n-d-ohio-under-franks-materiality-of-the-omitted-info-to-pc-is-required-not-just-that-it-was-omitted","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33914","title":{"rendered":"N.D.Ohio: Under <em>Franks<\/em>, materiality of the omitted info to PC is required, not just that it was omitted"},"content":{"rendered":"<p>\u201cHill argues Agent Fulmer&#8217;s affidavit omitted information previously obtained during the investigation and which was contained in an affidavit submitted with a wiretap application filed in the Eastern District of Michigan in December 2016. Hill, however, does not explain how the omitted information, even if I were to assume it is material, would have had any impact on Judge Zouhary&#8217;s probable cause finding. Hill does not contend the information is exculpatory \u2014 in fact, the omitted information was cumulative and would have supported the probable-cause determination. I conclude Hill is not entitled to an evidentiary hearing.\u201d United States v. Hill, 2018 U.S. Dist. LEXIS 118075 (N.D. Ohio July 16, 2018).*<\/p>\n<p>\u201cHere, Special Agent Sweeney&#8217;s affidavit in support of the warrant [for defendant\u2019s cell phone] goes well beyond what is required to demonstrate probable cause.\u201d And the details are &#8230;. United States v. Carton, 2018 U.S. Dist. LEXIS 117242 (S.D. N.Y. July 13, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHill argues Agent Fulmer&#8217;s affidavit omitted information previously obtained during the investigation and which was contained in an affidavit submitted with a wiretap application filed in the Eastern District of Michigan in December 2016. Hill, however, does not explain how &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33914\">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":[21,20],"tags":[],"class_list":["post-33914","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33914","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=33914"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33914\/revisions"}],"predecessor-version":[{"id":33915,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33914\/revisions\/33915"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33914"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33914"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33914"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}