{"id":40792,"date":"2019-11-23T22:45:23","date_gmt":"2019-11-24T03:45:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40792"},"modified":"2019-11-23T22:45:23","modified_gmt":"2019-11-24T03:45:23","slug":"w-d-pa-even-if-the-one-challenged-sentence-in-the-sw-affidavit-was-stricken-under-franks-pc-would-still-exist","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40792","title":{"rendered":"W.D.Pa.: Even if the one challenged sentence in the SW affidavit was stricken under <em>Franks<\/em>, PC would still exist"},"content":{"rendered":"<p>Defendant challenged one sentence in the affidavit as a Franks violation, but it doesn\u2019t even appear to be false. Moreover, even if that sentence were stricken, there still would be probable cause, and he fails in his burden of proof. United States v. Reddix, 2019 U.S. Dist. LEXIS 201799 (W.D. Pa. Nov. 21, 2019).*<\/p>\n<p>Plaintiff claims he was grabbed from his home and made to testify by video to the military commission. Even if he can state a claim, qualified immunity protects those involved because its not clearly established this was unreasonable. <a href=\"https:\/\/ecf.dcd.uscourts.gov\/cgi-bin\/show_public_doc?2018cv2380-32\">Gill v. United States<\/a>, 2019 U.S. Dist. LEXIS 202008 (D.D.C. Nov. 21, 2019).*<\/p>\n<p>\u201c[T]he Court concludes that the warrant was sufficiently particularized because it used appropriate words of incorporation and the affidavit accompanied the warrant.\u201d Also, the good faith exception applies. United States v. Cooper, 2019 U.S. Dist. LEXIS 201514 (W.D. N.Y. Nov. 20, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant challenged one sentence in the affidavit as a Franks violation, but it doesn\u2019t even appear to be false. Moreover, even if that sentence were stricken, there still would be probable cause, and he fails in his burden of proof. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40792\">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":[21,65,40],"tags":[],"class_list":["post-40792","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-particularity","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40792","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=40792"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40792\/revisions"}],"predecessor-version":[{"id":40793,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40792\/revisions\/40793"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40792"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40792"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40792"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}