{"id":37240,"date":"2019-04-14T10:07:08","date_gmt":"2019-04-14T15:07:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37240"},"modified":"2019-04-14T10:07:08","modified_gmt":"2019-04-14T15:07:08","slug":"d-mont-omission-of-defs-acquittal-in-a-somewhat-related-case-before-the-sw-was-issued-was-a-franks-violation-but-adding-it-in-still-leads-to-pc","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=37240","title":{"rendered":"D.Mont.: Omission of def&#8217;s acquittal in a somewhat related case before the SW was issued was a <em>Franks<\/em> violation, but adding it in still leads to PC"},"content":{"rendered":"<p>The affidavit for search warrant omitted that defendant had been tried and acquitted of incest shortly before. Recasting the affidavit to include that fact, however, still leads to probable cause. \u201cThe Court determines that probable cause remains even after the Court has supplemented the evidence presented to Judge Pinski with Bennett&#8217;s acquittal on the Felony Incest charge.\u201d United States v. Bennett, 2019 U.S. Dist. LEXIS 61909 (D. Mont. Apr. 10, 2019).<\/p>\n<p>Hearsay in a report that defendant\u2019s computer in a child pornography case might have not contacted an overseas server as alleged in the affidavit for the search warrant wasn\u2019t sufficient to show potential Franks violation undermining the probable cause. Therefore, defense counsel wasn\u2019t ineffective. Maloney v. United States, 2019 U.S. Dist. LEXIS 61332 (E.D. Tenn. Apr. 10, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The affidavit for search warrant omitted that defendant had been tried and acquitted of incest shortly before. Recasting the affidavit to include that fact, however, still leads to probable cause. \u201cThe Court determines that probable cause remains even after the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=37240\">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-37240","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\/37240","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=37240"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37240\/revisions"}],"predecessor-version":[{"id":37241,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37240\/revisions\/37241"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37240"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37240"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37240"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}