Probable cause was shown for phone records for both the number sought and any number the provider knew that the owner had changed to, even without identifying it. And, good faith applied: \u201cTherefore, even if the continuity provision within the warrant\u2014or the warrant as a whole\u2014should not have been issued, officers did not act unreasonably by reviewing the location data provided by T-Mobile.\u201d United States v. Hartfield, 2025 U.S. Dist. LEXIS 256906 (W.D. Wash. Dec. 10, 2025).<\/p>\n\n\n\n
Franks \u201c\u2018requires more than allegations, and a defendant satisfies this standard only by making an offer of proof, through affidavits, or other similarly reliable evidence.\u2019 United States v. Berry, No. 24-cr-134 (PJS\/TNL), 2024 WL 4895382, at 7 (citing Franks, 438 U.S. at 171) (D. Minn. Oct. 17, 2024), R&R adopted, No. 24-cr-0134 (PJS\/TNL), 2024 WL 4894789 (D. Minn. Nov. 26, 2024). Thus, Franks hearings are granted by courts in only \u2018very limited circumstances.\u2019 United States v. Ozar, 50 F.3d 1440, 1445 (8th Cir. 1995).\u201d And this offer of proof fails. United States v. Rodriguez, 2025 U.S. Dist. LEXIS 256331 (D. Minn. Dec. 11, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Probable cause was shown for phone records for both the number sought and any number the provider knew that the owner had changed to, even without identifying it. And, good faith applied: \u201cTherefore, even if the continuity provision within the … Continue reading