{"id":56701,"date":"2023-12-28T11:36:57","date_gmt":"2023-12-28T16:36:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56701"},"modified":"2023-12-28T11:36:57","modified_gmt":"2023-12-28T16:36:57","slug":"la5-omission-wasnt-material-for-franks-and-it-was-only-negligent-if-anything","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56701","title":{"rendered":"LA5: Omission wasn’t material for Franks<\/em> and it was only negligent, if anything"},"content":{"rendered":"\n

\u201cThere is no evidence to demonstrate that any omission of Mr. Daleo’s prior statement in the probable cause affidavits was intentional. Further, we find the applications demonstrate that the attesting officers had reasonable grounds to believe that defendant’s residence and cell phone may have evidence of the crime at issue-including text or other cell phone communication to show the \u2018arrangements\u2019 or planning of the crime following defendant’s presence in the home while performing air conditioning work. We also find that the warrants were not so lacking of indicia of probable cause that the magistrate’s belief in its existence was entirely unreasonable.\u201d Accordingly, the good faith exception applies, too. State v. Key, 2023 La. App. LEXIS 2218 (La. App. 5 Cir. Dec. 27, 2023).*<\/p>\n\n\n\n

\u201cAlthough Officer Keller did not give a Miranda warning to the Defendant before asking if the Defendant was a convicted felon, Officer Keller already had reasonable suspicion to briefly detain and investigate the Defendant. Officer Keller testified that after taking the Defendant into custody, he conducted a criminal history search, which identified the Defendant as a convicted felon and as having a suspended driver’s license.\u201d The handgun in plain view was lawfully seized. State v. Washington, 2023 Tenn. Crim. App. LEXIS 518 (Dec. 27, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThere is no evidence to demonstrate that any omission of Mr. Daleo’s prior statement in the probable cause affidavits was intentional. Further, we find the applications demonstrate that the attesting officers had reasonable grounds to believe that defendant’s residence and … Continue reading →<\/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":[117,21],"tags":[],"class_list":["post-56701","post","type-post","status-publish","format-standard","hentry","category-custody","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56701","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=56701"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56701\/revisions"}],"predecessor-version":[{"id":56702,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56701\/revisions\/56702"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56701"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56701"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56701"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}