{"id":62554,"date":"2025-12-23T15:39:09","date_gmt":"2025-12-23T20:39:09","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62554"},"modified":"2025-12-23T15:39:09","modified_gmt":"2025-12-23T20:39:09","slug":"ca6-reference-to-water-emoji-%f0%9f%92%a6with-dual-meaning-not-a-franks-violation","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62554","title":{"rendered":"CA6: Reference to water emoji \ud83d\udca6with dual meaning not a Franks violation"},"content":{"rendered":"\n<p>\u201cSwanagan did not make an adequate preliminary showing that Budde&#8217;s interpretation of the water emoji was intentionally or recklessly false, so the district court did not clearly err in finding the affidavit truthful. Swanagan asserts that he \u2018provided dictionary support that a water emoji had a common meaning of sexual relations\u2019 and that \u2018the government acknowledged that the water emoji could have other meanings\u2019 besides methamphetamine.\u201d <a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/25a0357p-06.pdf\">United States v. Reed<\/a>, 2025 U.S. App. LEXIS 33561 (6th Cir. Dec. 23, 2025).<\/p>\n\n\n\n<p>Defendant\u2019s claim that the officers lacked reasonable suspicion to detain him was \u201cborderline frivolous.\u201d United States v. Edwards, 2025 U.S. App. LEXIS 33003 (7th Cir. Dec. 17, 2025).*<\/p>\n\n\n\n<p>\u201cThe Government is correct in its position that Fowlkes was not \u2018ordered\u2019 to talk to the officers. Officer Grier&#8217;s on-camera statement\u2014\u2018walking away as soon as we walk up, what&#8217;s going on?\u2019\u2014was a question, not a command. The officers credibly testified that they did not demand that Fowlkes turn around and speak with them. One brief question did not transform the encounter into a seizure because \u2018mere police questioning does not constitute a seizure.\u2019 Bostick \u2026\u201d United States v. Fowlkes, 2025 U.S. Dist. LEXIS 260888 (E.D. Mich. Dec. 17, 2025).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cSwanagan did not make an adequate preliminary showing that Budde&#8217;s interpretation of the water emoji was intentionally or recklessly false, so the district court did not clearly err in finding the affidavit truthful. Swanagan asserts that he \u2018provided dictionary support &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62554\">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":[21,35,69],"tags":[],"class_list":["post-62554","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62554","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=62554"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62554\/revisions"}],"predecessor-version":[{"id":62556,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62554\/revisions\/62556"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62554"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62554"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62554"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}