{"id":52302,"date":"2022-05-08T08:29:12","date_gmt":"2022-05-08T13:29:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52302"},"modified":"2022-05-08T08:29:12","modified_gmt":"2022-05-08T13:29:12","slug":"d-md-def-gets-a-hearing-on-a-franks-challenge-to-a-red-flag-sw-that-produced-42-firearms","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52302","title":{"rendered":"D.Md.: Def gets a hearing on a Franks<\/em> challenge to a red-flag SW that produced 42 firearms"},"content":{"rendered":"\n

Maryland provides for “Extreme Risk Protective Orders” (“ERPO”) to seize firearms from unstable persons. [These are know as red-flag laws in some other states.] \u201cThe ERPO law establishes a framework by which persons found to pose an immediate danger to themselves or others may be prohibited from possessing a firearm. It contemplates three categories of orders, of increasing duration: \u2018interim,\u2019 \u2018temporary,\u2019 and \u2018final.\u2019\u201d Officers knew defendant had five firearms in the house. During the search, they found 42 firearms, some of which were illegal, and unregistered silencers, and he was indicted for it. The affidavit was based in part on a trash search which the affiant said was lawful. Defendant disputes that. There was also an allegation of \u201cpossession.\u201d The court concludes that defendant at least made the substantial preliminary showing for a Franks hearing on the intentionality or recklessness of statements in the affidavit for the warrant. United States v. Somerlock, 2022 U.S. Dist. LEXIS 81472 (D.Md. May 4, 2022).*<\/p>\n\n\n\n

Tribal officers were cross-designated and could investigate crimes on tribal lands at a casino by non-members. Probable cause developed to search defendant\u2019s rental car in the parking lot. United States v. Metts, 2022 U.S. Dist. LEXIS 81633 (N.D.Ind. May 4, 2022).*<\/p>\n\n\n\n

\u201cAside from his bare speculation that the challenged statements were made with a disregard for the truth, Defendant provides no evidence demonstrating the falsity or misleading nature of the Affidavit. Accordingly, because Defendant has failed to make a preliminary showing that the wiretap application contained deliberate or recklessly false information or material omissions, the Court finds no Franks hearing is necessary. See Franks, 438 U.S. at 155-56. This portion of the Motion is therefore denied.\u201d United States v. Amaya-Nunez, 2022 U.S. Dist. LEXIS 81851 (D.Colo. May 5, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Maryland provides for “Extreme Risk Protective Orders” (“ERPO”) to seize firearms from unstable persons. [These are know as red-flag laws in some other states.] \u201cThe ERPO law establishes a framework by which persons found to pose an immediate danger to … Continue reading →<\/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-52302","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52302","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=52302"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52302\/revisions"}],"predecessor-version":[{"id":52303,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52302\/revisions\/52303"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52302"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52302"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52302"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}