{"id":58618,"date":"2024-08-14T06:16:50","date_gmt":"2024-08-14T11:16:50","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58618"},"modified":"2024-08-14T06:16:50","modified_gmt":"2024-08-14T11:16:50","slug":"e-d-mich-without-showing-no-pc-on-remainder-of-affidavit-franks-challenge-fails","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58618","title":{"rendered":"E.D.Mich.: Without showing no PC on remainder of affidavit, <em>Franks<\/em> challenge fails"},"content":{"rendered":"\n<p>Defendant\u2019s Franks challenge fails because he doesn\u2019t show that the affidavit does not show probable cause on the remainder. United States v. Chappell, 2024 U.S. Dist. LEXIS 140479 (E.D. Mich. Aug. 7, 2024).*<\/p>\n\n\n\n<p>The officers apparently didn\u2019t know that the property to be searched was two residences rather than just one, but defendant and his mother owned it all as tenants in common. That was a reasonable mistake if it was one. Nevertheless, the warrant for a stolen truck was covered by the warrant on the property. United States v. Day, 2024 U.S. Dist. LEXIS 139601 (D. Mont. Aug. 6, 2024).*<\/p>\n\n\n\n<p>\u201cWe conclude that the trial court erred by granting the Juvenile&#8217;s motion to suppress and dismissing his charges. Contrary to the trial court&#8217;s conclusion, a police officer&#8217;s sight or smell of marijuana creates probable cause of marijuana possession, even if a police officer could possibly confuse illegal marijuana with legal hemp. We therefore reverse the trial court&#8217;s orders.\u201d In re J.B.P., 2024 N.C. App. LEXIS 616 (Aug. 6, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s Franks challenge fails because he doesn\u2019t show that the affidavit does not show probable cause on the remainder. United States v. Chappell, 2024 U.S. Dist. LEXIS 140479 (E.D. Mich. Aug. 7, 2024).* The officers apparently didn\u2019t know that the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58618\">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":[21,65,51,16],"tags":[],"class_list":["post-58618","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-particularity","category-plain-view","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58618","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=58618"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58618\/revisions"}],"predecessor-version":[{"id":58619,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58618\/revisions\/58619"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58618"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58618"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58618"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}