{"id":44156,"date":"2020-06-17T18:55:12","date_gmt":"2020-06-17T23:55:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44156"},"modified":"2020-06-17T18:55:12","modified_gmt":"2020-06-17T23:55:12","slug":"w-d-n-y-inevitable-discovery-obviated-defs-franks-challenge","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=44156","title":{"rendered":"W.D.N.Y.: Inevitable discovery obviated def&#8217;s <em>Franks<\/em> challenge"},"content":{"rendered":"\n<p>A Franks hearing wasn\u2019t required because the court finds that, even if Franks could be satisfied here, the evidence was inevitably found. United States v. Chapline, 2020 U.S. Dist. LEXIS 104509 (W.D. N.Y. June 12, 2020).<\/p>\n\n\n\n<p>It was reasonable to conclude defendant was armed. \u201cHere, the officers had been advised by dispatch that Moore had threatened another individual with a firearm, either by pointing the firearm or simply displaying its presence. Officer Wills also viewed Moore make a motion toward the passenger side of Moore&#8217;s vehicle immediately prior to the stop.\u201d United States v. Moore, 2020 U.S. Dist. LEXIS 104407 (N.D. Ind. June 15, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A Franks hearing wasn\u2019t required because the court finds that, even if Franks could be satisfied here, the evidence was inevitably found. United States v. Chapline, 2020 U.S. Dist. LEXIS 104509 (W.D. N.Y. June 12, 2020). It was reasonable to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=44156\">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":[21,68,35],"tags":[],"class_list":["post-44156","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-inevitable-discovery","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44156","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=44156"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44156\/revisions"}],"predecessor-version":[{"id":44157,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44156\/revisions\/44157"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44156"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44156"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44156"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}