{"id":47086,"date":"2021-02-02T09:48:48","date_gmt":"2021-02-02T14:48:48","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47086"},"modified":"2021-02-02T09:48:48","modified_gmt":"2021-02-02T14:48:48","slug":"s-d-n-y-opinion-in-affidavit-that-amount-of-drugs-involved-was-enough-for-distribution-was-not-a-franks-issue","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=47086","title":{"rendered":"S.D.N.Y.: Opinion in affidavit that amount of drugs involved was enough for distribution was not a <em>Franks<\/em> issue"},"content":{"rendered":"\n<p>The affidavit for a phone warrant for an electronic boarding pass was issued with probable cause. The affidavit statement that the amount of drugs was enough for \u201cdistribution\u201d was neither false nor reckless, just because defendant disagrees with it. United States v. Reyes, 2021 U.S. Dist. LEXIS 16566 (S.D. N.Y. Jan. 28, 2021).<\/p>\n\n\n\n<p>Defendant\u2019s discovery request for certain records about the CI to attempt to show a false statement was speculative. \u201cThe final item at issue in the Motion to Compel was KPD&#8217;s policies and procedures for controlled buy operations and use of confidential informants. As previously discussed, the burden was on Defendants to show something \u2018more than conclusory\u2019 in order to overcome the presumption that the affidavit supporting the search warrant was valid.\u201d <a href=\"https:\/\/www.courts.state.hi.us\/wp-content\/uploads\/2021\/01\/CAAP-18-0000121sdo.pdf\">State v. Salvas<\/a>, 2021 Haw. App. LEXIS 17 (Jan. 27, 2021)* (unpublished).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The affidavit for a phone warrant for an electronic boarding pass was issued with probable cause. The affidavit statement that the amount of drugs was enough for \u201cdistribution\u201d was neither false nor reckless, just because defendant disagrees with it. United &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=47086\">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-47086","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\/47086","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=47086"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47086\/revisions"}],"predecessor-version":[{"id":47087,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47086\/revisions\/47087"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47086"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47086"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47086"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}