{"id":9816,"date":"2013-11-17T11:36:22","date_gmt":"2013-11-17T11:36:22","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-17T11:36:22","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9816","title":{"rendered":"D.Vt.: Offer of proof for a <em>Franks<\/em> violation required"},"content":{"rendered":"<p>Defendant did not support his claim of a Franks violation with an offer of proof. The affidavit said it did not include all facts (hardly any do). Even if he did make an offer of proof, he&#8217;d fail because there was probable cause. United States v. Ciotti, 2013 U.S. Dist. LEXIS 163134 (D.Vt. November 14, 2013).<\/p>\n<p>Defendant\u2019s search and seizure claim was waived by his guilty plea, so he can\u2019t raise it in a 2255. United States v. Aleman, 2013 U.S. Dist. LEXIS 163095 (D. Minn. November 13, 2013).*<\/p>\n<p>Defendant was stopped because of a man with a gun report at 4 am. When he was found with bullets but no gun, it was reasonable for the officers under Quarles\u2019s public safety exception to ask about the gun. United States v. Smith, 2013 U.S. Dist. LEXIS 163009 (D. Mass. November 13, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9816\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9816","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9816","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9816"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9816\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9816"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9816"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9816"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}