{"id":56819,"date":"2024-01-15T17:44:55","date_gmt":"2024-01-15T22:44:55","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=56819"},"modified":"2024-01-16T16:16:05","modified_gmt":"2024-01-16T21:16:05","slug":"d-me-sw-affidavit-mentioned-a-licensing-complaint-against-defendant-doctor-but-omission-that-the-complaint-was-resolved-favorably-gets-a-franks-hearing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56819","title":{"rendered":"D.Me.: SW affidavit mentioned a licensing complaint against defendant doctor, but omission that the complaint was resolved favorably gets a <em>Franks<\/em> hearing"},"content":{"rendered":"\n<p>Defendant is a D.O. accused of over prescribing. She made her substantial preliminary showing to get a Franks hearing because the affiant omitted from the affidavit for warrant that the licensing authority considered the same claims and found she acted within medical requirements. The affidavit only mentioned the complaint. The probable cause question was close. The court can\u2019t say that the omission was enough to affect the probable cause finding without the hearing. Government\u2019s motion to reconsider denied. United States v. Norris, 2024 U.S. Dist. LEXIS 6441 (D. Me. Jan. 12, 2024).<\/p>\n\n\n\n<p>Plaintiff was on probation for animal cruelty involving horses. A probation search was conducted looking only where horses could be kept. That was reasonable, and reasonably related to why she was on probation, and minimally invasive. Marcellino v. Geauga Cty. Humane Soc&#8217;y, Inc., 2024 U.S. App. LEXIS 843 (6th Cir. Jan. 11, 2024).*<\/p>\n\n\n\n<p>Appellant lost on appeal on standing and plain view. His lawyer wasn\u2019t ineffective for not arguing that the police should have frozen the scene and gotten a warrant. Hayes v. Warden Pendleton Corr. Indus. Facility, 2024 U.S. Dist. LEXIS 5853 (S.D. Ind. Jan. 11, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant is a D.O. accused of over prescribing. She made her substantial preliminary showing to get a Franks hearing because the affiant omitted from the affidavit for warrant that the licensing authority considered the same claims and found she acted &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56819\">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":[21,23,58],"tags":[],"class_list":["post-56819","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-ineffective-assistance","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56819","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=56819"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56819\/revisions"}],"predecessor-version":[{"id":56831,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56819\/revisions\/56831"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56819"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}