{"id":48038,"date":"2021-04-09T04:39:35","date_gmt":"2021-04-09T09:39:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48038"},"modified":"2021-04-09T09:16:44","modified_gmt":"2021-04-09T14:16:44","slug":"s-d-tex-affidavit-of-convicted-felon-who-may-have-been-conspirator-and-was-deported-wasnt-sufficient-offer-of-proof-under-franks","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48038","title":{"rendered":"S.D.Tex.: Affidavit of convicted felon who may have been conspirator and was deported wasn&#8217;t sufficient offer of proof under <em>Franks<\/em> in face of other evidence"},"content":{"rendered":"\n<p>Defendant\u2019s claim was that alleged cocaine wrappers found were actually wrappers for peanut butter and jelly sandwiches and that\u2019s a Franks violation. \u201cThe only evidence that Defendant has produced to support his contention that the bags contained sandwiches is the affidavit of a convicted felon who was deported to Trinidad and Tobago in August of 2016 and who may have been an unindicted co-conspirator in the Dickson DTO. This is not the kind of \u2018reliable statement\u2019 that can overcome a search-warrant affidavit&#8217;s presumed validity.\u201d There\u2019s no attempt at showing a knowing falsity. And, setting aside the challenged statements, there still was probable cause. United States v. Badenock, 2021 U.S. Dist. LEXIS 67856 (S.D. Tex. Apr. 7, 2021).<\/p>\n\n\n\n<p>This successive habeas petition is denied because it\u2019s not based on new constitutional law; it\u2019s based on alleged newly discovered evidence of a Fourth Amendment violation which petitioner can\u2019t show was really new. In re Green, 2021 U.S. App. LEXIS 10083 (6th Cir. Apr. 7, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s claim was that alleged cocaine wrappers found were actually wrappers for peanut butter and jelly sandwiches and that\u2019s a Franks violation. \u201cThe only evidence that Defendant has produced to support his contention that the bags contained sandwiches is the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48038\">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],"tags":[],"class_list":["post-48038","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48038","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=48038"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48038\/revisions"}],"predecessor-version":[{"id":48051,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48038\/revisions\/48051"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48038"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48038"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48038"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}