{"id":57182,"date":"2024-02-28T18:35:03","date_gmt":"2024-02-28T23:35:03","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57182"},"modified":"2024-02-28T18:35:03","modified_gmt":"2024-02-28T23:35:03","slug":"c-d-cal-franks-challenge-succeeds-in-fipf-case","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57182","title":{"rendered":"C.D.Cal.: <em>Franks<\/em> challenge succeeds in FIPF case"},"content":{"rendered":"\n<p>The search warrant for felon in possession was based on the officer affiant\u2019s assertion defendant was a convicted felon but it was based on evaluation of paperwork from Georgia that showed he was a first offender without judgment of guilt having been entered. It was at least reckless. Franks challenge granted, and search suppressed. United States v. Mensah, 2024 U.S. Dist. LEXIS 33659 (C.D. Cal. Feb. 27, 2024).<\/p>\n\n\n\n<p>\u201cThe trial judge did not err by denying Smith&#8217;s motion to suppress because Terrell had probable cause to initiate a traffic stop for careless driving, Terrell and Dyer developed reasonable suspicion to prolong the stop to include a DUI investigation, and they had probable cause to search Smith&#8217;s vehicle once Jack alerted them to the presence of drugs in the vehicle.\u201d Smith v. State, 2024 Miss. App. LEXIS 85 (Feb. 27, 2024).*<\/p>\n\n\n\n<p>\u201cCorporal Grenci&#8217;s observation of Garcia driving with an earbud in one ear, without the other ear visible, was enough to support a stop for further investigation. The use of one earbud violates Section 3314(a) unless an exception applies.\u201d Commonwealth v. Garcia, 2024 PA Super 33 (Feb. 27, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant for felon in possession was based on the officer affiant\u2019s assertion defendant was a convicted felon but it was based on evaluation of paperwork from Georgia that showed he was a first offender without judgment of guilt &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57182\">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":[21,35],"tags":[],"class_list":["post-57182","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57182","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=57182"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57182\/revisions"}],"predecessor-version":[{"id":57183,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57182\/revisions\/57183"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57182"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57182"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57182"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}