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CA6: Fact officers searched place and came up empty handed was not a Franks violation where they had information they missed something

By John Wesley Hall, Jr.

Police had already searched defendant's attic and determined that they may have missed something. They procured a warrant to go back, and an informant gave them information that they likely missed something in the attic. It was not a Franks violation that the police did not disclose that they previously searched the attic and found nothing since they had an independent belief there was still something there, which there was. United States v. Fletcher, 2008 U.S. App. LEXIS 21172, 2008 FED App. 0587N (6th Cir. October 1, 2008) (unpublished).* Quarles public safety exception does not apply where the police where looking for a gun and it was inside a house that nobody could get to. United States v. Jackson, 2008 U.S. App. LEXIS 21183 (1st Cir...continue to full post

Full post as published by Fourth Amendment on October 11, 2008 (boomark / email).