{"id":45165,"date":"2020-09-01T09:59:06","date_gmt":"2020-09-01T14:59:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45165"},"modified":"2020-09-01T10:00:38","modified_gmt":"2020-09-01T15:00:38","slug":"w-d-mo-that-later-police-reports-would-shed-more-light-on-affidavit-for-sw-theres-no-franks-issue","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=45165","title":{"rendered":"W.D.Mo.: That later police reports would shed more light on affidavit for SW, that&#8217;s not a <em>Franks<\/em> issue"},"content":{"rendered":"\n<p>Affidavits for search warrants are presumed to be accurate under Franks, and that\u2019s why the defense has to make a substantial preliminary showing of falsity. Alleging merely that other more timely reports would shed light on the subject is not a substantial preliminary showing. United States v. Bradley, 2020 U.S. Dist. LEXIS 157748 (W.D. Mo. Aug. 31, 2020).<\/p>\n\n\n\n<p>Plaintiff doesn\u2019t show that the bankruptcy trustee violated the Fourth Amendment as to the debtor\u2019s property by aggressive actions. Mortimer v. Sorvino, 2020 U.S. Dist. LEXIS 157708 (S.D. N.Y. Aug. 31, 2020).*<\/p>\n\n\n\n<p>\u201cAssuming without deciding that Alton ordering Sauls to the ground constituted an arrest that was not supported by probable cause (a contention that the State disputes), the record supports a finding that before being ordered to the ground, Sauls threw the marijuana into a trash can that he did not own, while at a residence where he did not live. Thus, as a threshold matter, we must determine if Sauls has standing to challenge the search of the trash can and the seizure of the marijuana found within it.\u201d He doesn\u2019t. That wasn\u2019t even his trash can, and the marijuana was in plain view where it was tossed. Genero v. State, 2020 Tex. App. LEXIS 7049 (Tex. App. \u2013 Austin Aug. 31, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Affidavits for search warrants are presumed to be accurate under Franks, and that\u2019s why the defense has to make a substantial preliminary showing of falsity. Alleging merely that other more timely reports would shed light on the subject is not &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=45165\">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":[48,21,51],"tags":[],"class_list":["post-45165","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-franks-doctrine","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45165","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=45165"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45165\/revisions"}],"predecessor-version":[{"id":45168,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45165\/revisions\/45168"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45165"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}