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N.O.Okla.: Defendant proved Franks violation for falsity and reckless disregard for the truth

By John Wesley Hall, Jr.

Defendant succeeds in a Franks challenge to a search warrant for a grow operation. The officer said that defendant was recently moved to the property and the electric usage doubled. In fact, the defendant moved in after the doubling first occurred. Rewriting the affidavit to show the importance of the missing information, probable cause is completely undermined. United States v. Morgan, 2011 U.S. Dist. LEXIS 27694 (N.D. Okla. March 16, 2011): This example demonstrates that, with the omitted information included, the statement regarding the doubled electrical usage is wholly irrelevant and incapable of serving as evidence of Defendant’s alleged illegal activity. The statement cannot corroborate Ray’s statement because Defendant could not have been the cause of the increased electrical usage since he moved in two months after the increase occurred...continue to full post

Full post as published by Fourth Amendment on March 21, 2011 (boomark / email).