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False statement in affidavit that gun would be found did not prevent a plain view of gun during execution of warrant

By John Wesley Hall, Jr.

False statement in the affidavit that a gun would be found was not material (and Franks not even cited) where the search found a gun in plain view and there was probable cause anyway. United States v. Williams, 2008 U.S. App. LEXIS 17094, 2008 FED App. 0480N (6th Cir. August 8, 2008) (unpublished).* During a search of suitcases, officers had probable cause to cut into candles which contained meth. The issue was presented as exceeding consent by cutting into the candles, which would have been potentially a valid claim, but the court obviated that issue by finding probable cause. United States v. Santana-Aguirre, 2008 U.S. App. LEXIS 17125 (8th Cir. August 12, 2008).*

Full post as published by Fourth Amendment on August 14, 2008 (boomark / email).