{"id":52750,"date":"2022-07-06T10:43:15","date_gmt":"2022-07-06T15:43:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52750"},"modified":"2022-07-06T10:43:15","modified_gmt":"2022-07-06T15:43:15","slug":"ca8-omission-of-a-fact-not-yet-known-is-not-a-franks-violation","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52750","title":{"rendered":"CA8: Omission of a fact not yet known is not a <em>Franks<\/em> violation"},"content":{"rendered":"\n<p>A detective\u2019s omission of a critical fact that was not yet known is not a Franks violation. \u201cWhat is undisputed, at least at this point, is that Detective Bowles did not actually know that the fire captain had described the shooter as black. So the question is whether his failure to know that fact\u2014allegedly due to a reckless investigation\u2014can give rise to a clearly established Franks violation. \u2026 [\u00b6] The cases say no. As the Fourth Circuit has put it, \u2018[a]n officer who does not personally know information cannot intentionally or recklessly omit it.\u2019 \u2026.\u201d <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/22\/07\/211365P.pdf\">Hartman v. Bowles<\/a>, 2022 U.S. App. LEXIS 18405 (8th Cir. July 5, 2022)<\/p>\n\n\n\n<p>No Fourth Amendment violation occurred, so defense counsel couldn\u2019t be ineffective. Ellington v. United States, 2022 U.S. Dist. LEXIS 117923 (M.D. Fla. July 5, 2022).*<\/p>\n\n\n\n<p>Differing officers\u2019 testimony from a brief observation doesn\u2019t amount to a Franks violation. It is normal for multiple people to see things differently. United States v. Boyce, 2022 U.S. Dist. LEXIS 117937 (N.D. Ga. July 5, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A detective\u2019s omission of a critical fact that was not yet known is not a Franks violation. \u201cWhat is undisputed, at least at this point, is that Detective Bowles did not actually know that the fire captain had described the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52750\">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-52750","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52750","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=52750"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52750\/revisions"}],"predecessor-version":[{"id":52751,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52750\/revisions\/52751"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52750"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52750"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52750"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}