It was not error to permit the state to inquire that a search warrant was used to get defendant\u2019s DNA, as long as there was no reference to his refusal of consent. Finch v. Commonwealth, 2023 Ky. LEXIS 302 (Oct. 26, 2023).<\/p>\n\n\n\n
Omission of potentially exculpatory evidence from the affidavit potentially misled the issuing magistrate. [Essentially, giving the benefit of the doubt to defendant,] The court finds the first element of Franks [arguably] satisfied. However, there is no prejudice here because there is probable cause even including it all that defendant was involved in this conspiracy. [The omission really cut both ways.] United States v. Broadbent, 2023 U.S. Dist. LEXIS 193320 (E.D. Cal. Oct. 26, 2023).*<\/p>\n\n\n\n
It wasn\u2019t just plain smell of marijuana that authorized continuing this detention because there was reasonable suspicion before that. Baxter v. State, 2023 Fla. App. LEXIS 7381 (Fla. 2d DCA Oct. 27, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
It was not error to permit the state to inquire that a search warrant was used to get defendant\u2019s DNA, as long as there was no reference to his refusal of consent. Finch v. Commonwealth, 2023 Ky. LEXIS 302 (Oct. … Continue reading