{"id":60005,"date":"2025-01-30T09:47:14","date_gmt":"2025-01-30T14:47:14","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60005"},"modified":"2025-01-30T10:14:00","modified_gmt":"2025-01-30T15:14:00","slug":"e-d-mich-civil-franks-violation-was-well-established-and-qi-denied","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60005","title":{"rendered":"E.D.Mich.: Civil <em>Franks<\/em> violation was &#8220;well established&#8221; and QI denied"},"content":{"rendered":"\n<p>Plaintiff was arrested for child sexual abuse. The child recanted, and the prosecutor involved was disbarred for misconduct in this case. Plaintiff\u2019s claim for a Franks violation was well established by 1978, and qualified immunity denied. MacMaster v. Busacca, 2025 U.S. Dist. LEXIS 13959 (E.D. Mich. Jan. 27, 2025).<\/p>\n\n\n\n<p>Defendant\u2019s cell phone being used to communicate with minors about coming to his house was nexus. The warrant was also particular. Finally, there was also an independent source for the information leading to the warrant. United States v. Timothy, 2025 U.S. Dist. LEXIS 13476 (D. Neb. Jan. 27, 2025).*<\/p>\n\n\n\n<p>\u201cHere, the application for the warrant adequately describes the offense (drug and firearm violations), the premises to be searched (the \u2018residence blue in color\u2019 at 1018 Jefferson Street), and the property to be seized (controlled dangerous substances, records of drug trafficking, firearms, drug paraphernalia, and currency used to finance the trafficking).\u201d The good faith exception also applies. United States v. Holmes, 2025 U.S. Dist. LEXIS 13523 (E.D. La. Jan. 27, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff was arrested for child sexual abuse. The child recanted, and the prosecutor involved was disbarred for misconduct in this case. Plaintiff\u2019s claim for a Franks violation was well established by 1978, and qualified immunity denied. MacMaster v. Busacca, 2025 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60005\">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":[5,21,65,40],"tags":[],"class_list":["post-60005","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-franks-doctrine","category-particularity","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60005","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=60005"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60005\/revisions"}],"predecessor-version":[{"id":60010,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60005\/revisions\/60010"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60005"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60005"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60005"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}