The failure to update the original search warrant affidavit with information from an intervening search showed \u201cmultiple careless errors, [and the court] could not say that these errors establish recklessness or materiality. There is simply no evidence upon which the court can conclude that Special Agent Gravley’s carelessness was designed to mislead the magistrate judge. Furthermore, the affidavit’s misrepresentations and omissions were not material to the finding of probable cause. As discussed further below, even without the information relating to 117 Keystone Drive, the warrant was supported by ample probable cause.\u201d United States v. Bolling, 2023 U.S. Dist. LEXIS 153333 (S.D. W. Va. Aug. 30, 2023).*<\/p>\n\n\n\n
Details about how surveillance was conducted wasn\u2019t material to the probable cause determination under Franks. United States v. Floyd, 2023 U.S. App. LEXIS 22910 (11th Cir. Aug. 30, 2023).*<\/p>\n\n\n\n
\u201cThe totality of circumstances in this case\u2014including the officer’s observations of the fanny pack (as informed by his experience recovering firearms from fanny packs), Hagood’s unusual manner of wearing the fanny pack, his nervous appearance, and the late hour in a high-crime neighborhood \u2013 established reasonable suspicion.\u201d United States v. Hagood, 2023 U.S. App. LEXIS 22941 (2d Cir. Aug. 30, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The failure to update the original search warrant affidavit with information from an intervening search showed \u201cmultiple careless errors, [and the court] could not say that these errors establish recklessness or materiality. There is simply no evidence upon which the … Continue reading