{"id":48126,"date":"2021-04-16T05:08:33","date_gmt":"2021-04-16T10:08:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48126"},"modified":"2021-04-16T05:08:33","modified_gmt":"2021-04-16T10:08:33","slug":"m-d-pa-franks-hearing-denied-for-speculation-on-what-video-evidence-might-show","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48126","title":{"rendered":"M.D.Pa.: <em>Franks<\/em> hearing denied for speculation on what video evidence might show"},"content":{"rendered":"\n<p>Defendant doesn\u2019t get a Franks hearing that the officer knew or should have known that his CI actually went into defendant\u2019s apartment based on video surveillance that allegedly would disprove it. He doesn\u2019t show that the video shows what he claims and it\u2019s conclusive enough on the question. United States v. Deshields, 2021 U.S. Dist. LEXIS 71691 (M.D. Pa. Apr. 14, 2021).<\/p>\n\n\n\n<p>The state\u2019s appeal of suppression of defendant\u2019s medical records obtained by subpoena and not a search warrant is denied where it would not lead to uniformity in the law. <a href=\"https:\/\/opinions.arcourts.gov\/ark\/supremecourt\/en\/495607\/1\/document.do\">State v. Kirchner<\/a>, 2021 Ark. LEXIS 76 (Apr. 15, 2021).*<\/p>\n\n\n\n<p>On a tracking warrant for an escapee: \u201cThe Court finds that these facts, in total, are sufficient to support a finding of probable cause. \u2026 The Court also finds that the judicial officer issuing the tracking warrant had a substantial basis for concluding that a search would uncover evidence of wrongdoing, namely Martin&#8217;s alleged escape from custody. \u2026 [\u00b6] Furthermore, the location data is nevertheless admissible under the good-faith exception. \u2026\u201d United States v. Martin, 2021 U.S. Dist. LEXIS 72477 (D. Minn. Apr. 15, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant doesn\u2019t get a Franks hearing that the officer knew or should have known that his CI actually went into defendant\u2019s apartment based on video surveillance that allegedly would disprove it. He doesn\u2019t show that the video shows what he &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48126\">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":[21,112],"tags":[],"class_list":["post-48126","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-tracking-warrant"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48126","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=48126"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48126\/revisions"}],"predecessor-version":[{"id":48127,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48126\/revisions\/48127"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48126"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48126"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}