{"id":39172,"date":"2019-08-15T13:51:11","date_gmt":"2019-08-15T18:51:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39172"},"modified":"2019-08-15T13:51:11","modified_gmt":"2019-08-15T18:51:11","slug":"m-d-pa-lack-of-standing-cuts-off-a-franks-challenge","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39172","title":{"rendered":"M.D.Pa.: Lack of standing cuts off a <em>Franks<\/em> challenge"},"content":{"rendered":"<p>Defendant lacked standing in the place searched, so he\u2019s denied a Franks hearing to challenge that omission from the affidavit for search warrant. \u201cThe only connection between Defendant and 10 H Hall Manor reflected in the Affidavit of Probable Cause is that the informant tipped the police that Defendant, identified by his nickname \u2018Menace,\u2019 sold drugs from that address.\u201d United States v. Sawyers, 2019 U.S. Dist. LEXIS 137080 (M.D. Pa. Aug. 14, 2019).<\/p>\n<p>The parties\u2019 dispute as to when defendant was seized is resolved by the government\u2019s concession it was at least when he was ordered to put his hands in the air and get down on the ground. United States v. Cardona, 2019 U.S. Dist. LEXIS 136974 (D. N.M. Aug. 14, 2019).*<\/p>\n<p>\u201cIn this case, Dorsey abandoned his phone by failing to contest its seizure or otherwise seek its return.\u201d [What a Catch-22 that is. What\u2019s wrong with waiting for the search and then contesting it when you find out about it. Seeking return of a cell phone is an utterly futile act when the government merely says: \u201cIt might be evidence.\u201d because that means it&#8217;s denied.] United States v. Dorsey, 2019 U.S. Dist. LEXIS 136887 (D. Md. Aug. 14, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant lacked standing in the place searched, so he\u2019s denied a Franks hearing to challenge that omission from the affidavit for search warrant. \u201cThe only connection between Defendant and 10 H Hall Manor reflected in the Affidavit of Probable Cause &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39172\">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":[48,5,67],"tags":[],"class_list":["post-39172","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-cell-phones","category-rule-41g-return-of-property"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39172","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=39172"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39172\/revisions"}],"predecessor-version":[{"id":39173,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39172\/revisions\/39173"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39172"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39172"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39172"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}