{"id":43883,"date":"2020-05-27T16:05:43","date_gmt":"2020-05-27T21:05:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43883"},"modified":"2020-05-27T16:05:43","modified_gmt":"2020-05-27T21:05:43","slug":"m-d-tenn-failure-to-corroborate-everything-even-the-easy-to-corroborate-isnt-reckless-under-franks","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43883","title":{"rendered":"M.D.Tenn.:  Failure to corroborate everything, even the easy to corroborate, isn&#8217;t reckless under <em>Franks<\/em>"},"content":{"rendered":"\n<p>Defendant did not make a substantial preliminary showing that there was a reckless material statement in support of the search warrant. Moreover, \u201cDefendant provides no authority to support his position that an officer&#8217;s failure to corroborate a fact that \u2018could have been easily corroborated\u2019 amounts to reckless conduct, especially where an officer was relying on information from another law enforcement officer that a confidential source had been reliable in the past.\u201d A mistake about a change in defendant\u2019s telephone number wasn\u2019t knowing or reckless or material. United States v. Booker, 2020 U.S. Dist. LEXIS 91476 (M.D. Tenn. May 26, 2020).*<\/p>\n\n\n\n<p>In an SSA fraud case, defendant had standing to challenge seizure his business records kept in the codefendant\u2019s home. Otherwise, there was no Franks violation because there is probable cause without considering the alleged false statement. United States v. Nguyen, 2020 U.S. Dist. LEXIS 91688 (N.D. Cal. May 26, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant did not make a substantial preliminary showing that there was a reckless material statement in support of the search warrant. Moreover, \u201cDefendant provides no authority to support his position that an officer&#8217;s failure to corroborate a fact that \u2018could &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43883\">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":[21,44],"tags":[],"class_list":["post-43883","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-informant-hearsay"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43883","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=43883"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43883\/revisions"}],"predecessor-version":[{"id":43884,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43883\/revisions\/43884"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43883"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43883"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43883"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}