{"id":50688,"date":"2021-12-09T07:01:00","date_gmt":"2021-12-09T12:01:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50688"},"modified":"2021-12-09T09:02:55","modified_gmt":"2021-12-09T14:02:55","slug":"ca4-after-an-agreed-remand-for-a-franks-hearing-no-materiality-found","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50688","title":{"rendered":"CA4: After an agreed remand for a <em>Franks<\/em> hearing, no materiality found"},"content":{"rendered":"\n<p>The parties previously agreed to a remand for a Franks hearing. Now it\u2019s back. \u201cNone of these omissions-even when viewed together-change the probable-cause determination. At the outset, Hall&#8217;s identified omissions are problematic for him to rely upon. For omissions about the CI, although Investigator Carwell believed that the CI was completing a controlled buy for the first time, there is no indication that the CI&#8217;s \u2018first-time\u2019 status or assistance in another \u2018incident\u2019 would undermine his reliability. And nor is there any sign that the CI&#8217;s burglary charges would have done so either. Regarding omissions about the residence, Hall&#8217;s emphasis on the unknown identity of the drug seller neglects that the search warrant was also for a residence, not just a person. Further, the fact that the CI mentioned that he could purchase drugs at the residence ignores that he successfully completed a controlled buy there.\u201d \u201cHall&#8217;s identified omissions do not materially undermine the other facts or the probable-cause finding. Even including Hall&#8217;s identified omissions within the affidavit, the facts remain clear.\u201d <a href=\"https:\/\/www.ca4.uscourts.gov\/opinions\/204618.U.pdf\">United States v. Hall<\/a>, 2021 U.S. App. LEXIS 35822 (4th Cir. Dec. 3, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The parties previously agreed to a remand for a Franks hearing. Now it\u2019s back. \u201cNone of these omissions-even when viewed together-change the probable-cause determination. At the outset, Hall&#8217;s identified omissions are problematic for him to rely upon. For omissions about &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50688\">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-50688","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50688","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=50688"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50688\/revisions"}],"predecessor-version":[{"id":50689,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50688\/revisions\/50689"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50688"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50688"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50688"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}