{"id":39830,"date":"2019-09-23T01:21:06","date_gmt":"2019-09-23T06:21:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39830"},"modified":"2019-09-23T01:21:06","modified_gmt":"2019-09-23T06:21:06","slug":"w-d-n-y-the-fact-a-sw-affidavit-for-guns-also-suggests-drugs-doesnt-make-a-franks-issue-a-sw-can-have-a-dual-purpose-but-rely-more-heavily-on-one","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39830","title":{"rendered":"W.D.N.Y.: The fact a SW affidavit for guns also suggests drugs doesn’t make a Franks<\/em> issue; a SW can have a dual purpose but rely more heavily on one"},"content":{"rendered":"

Defendant fails to satisfy his Franks burden that the affidavit for the search warrant was intended to be misleading. The affidavit was for trafficking in firearms, but a CI\u2019s statement also references drugs. Defendant\u2019s conclusory allegations don\u2019t satisfy the \u201csubstantial preliminary showing\u201d requirement. \u201cMoreover, with respect to the claim that the true purpose of the search warrant was to find evidence of firearms trafficking as opposed to drug trafficking, the fact that law enforcement may have had a dual purpose for executing the search warrant\u2014even a purpose that was not disclosed to the issuing judge\u2014does not automatically satisfy the Franks standard. Instead, the nondisclosure of information must have been intended to mislead.\u201d As to the merits of the search warrant for an apartment, the court finds the record inadequate to resolve all the issues or even the good faith exception, and a hearing will be scheduled. United States v. Thompson, 2019 U.S. Dist. LEXIS 161136 (W.D. N.Y. Sept. 19, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant fails to satisfy his Franks burden that the affidavit for the search warrant was intended to be misleading. The affidavit was for trafficking in firearms, but a CI\u2019s statement also references drugs. Defendant\u2019s conclusory allegations don\u2019t satisfy the \u201csubstantial … Continue reading →<\/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-39830","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39830","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=39830"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39830\/revisions"}],"predecessor-version":[{"id":39831,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39830\/revisions\/39831"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39830"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39830"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39830"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}