In this Hobbs Act robbery case, ATF got a geofence warrant to attempt to isolate who was committing a string of robberies in the Tampa Bay area. Instead of even considering the merits, the court goes directly to the good faith exception and sustains the warrant. United States v. Carpenter, 2023 U.S. Dist. LEXIS 64948 (M.D. Fla. Feb. 28, 2023), adopted, 2023 U.S. Dist. LEXIS 64362 (M.D. Fla. Apr. 12, 2023).<\/p>\n\n\n\n
Defendants\u2019 Franks challenge fails. They complained that the companies they ran were not part of each other, but the affidavit showed they had intermingled officers and it was a reasonable conclusion from the outside. Also, it\u2019s not material. United States v. Mercer-Erwin, 2023 U.S. Dist. LEXIS 64798 (E.D. Tex. Mar. 31, 2023).*<\/p>\n\n\n\n
\u201cIn a \u00a7 1983 case, once the defendants presented evidence of consent to the search, the burden shifts to the plaintiff to establish the lack of consent to search. \u2026 O’Boyle offered nothing to meet this burden.\u201d O’Boyle v. Carrasco<\/a>, 2023 U.S. App. LEXIS 8863 (7th Cir. Apr. 13, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":" In this Hobbs Act robbery case, ATF got a geofence warrant to attempt to isolate who was committing a string of robberies in the Tampa Bay area. Instead of even considering the merits, the court goes directly to the good … Continue reading