{"id":56695,"date":"2023-12-28T11:21:49","date_gmt":"2023-12-28T16:21:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56695"},"modified":"2023-12-28T13:12:26","modified_gmt":"2023-12-28T18:12:26","slug":"e-d-mich-typo-in-affidavit-for-sw-doesnt-support-franks-challenge","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56695","title":{"rendered":"E.D.Mich.: Typo in affidavit for SW doesn&#8217;t support <em>Franks<\/em> challenge"},"content":{"rendered":"\n<p>Defendant\u2019s Franks challenge fails. \u201cAt the hearing, Hill presented nothing to establish that this inconsistency was anything other than a negligent typographical error. While he maintained that the affidavits were riddled with falsehoods, he was unable\u2014despite repeated questioning\u2014to pinpoint any specific false statement.\u201d United States v. Hill, 2023 U.S. Dist. LEXIS 229627 (E.D. Mich. Dec. 5, 2023).*<\/p>\n\n\n\n<p>When the place to be searched is a stash house, there\u2019s no requirement that the government actually know that drugs are being sold out of it. The question is probable cause to believe contraband will be found there. This was an anticipatory warrant, and there was probable cause if the triggering condition occurred, which it did. United States v. Coffey, 2023 U.S. Dist. LEXIS 229231 (E.D.N.Y. Dec. 26, 2023).*<\/p>\n\n\n\n<p>Tossing a bag out of a car as a traffic stop was happening was a loss of any reasonable expectation of privacy in it. United States v. Gregory, 2023 U.S. Dist. LEXIS 229427 (E.D.N.C. Nov. 9, 2023),* adopted, 2023 U.S. Dist. LEXIS 229325 (E.D.N.C. Dec. 27, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s Franks challenge fails. \u201cAt the hearing, Hill presented nothing to establish that this inconsistency was anything other than a negligent typographical error. While he maintained that the affidavits were riddled with falsehoods, he was unable\u2014despite repeated questioning\u2014to pinpoint any &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56695\">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":[48,21,20],"tags":[],"class_list":["post-56695","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-franks-doctrine","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56695","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=56695"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56695\/revisions"}],"predecessor-version":[{"id":56703,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56695\/revisions\/56703"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56695"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56695"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56695"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}