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In a Franks challenge, the affidavit is the key, not necessarily the investigation

By John Wesley Hall, Jr.

Franks claim fails because the officer received information and sought to corroborate it before putting it in the affidavit. [That is what he is supposed to do.] United States v. Sherman, 2008 U.S. Dist. LEXIS 79073 (E.D. Mo. October 7, 2008): Because suppression pursuant to Franks typically deals with reckless or intentional omissions from an affidavit, the Court is not convinced that Officer Buehrle's underlying investigation can provide a legal basis for suppression of evidence under Franks. See United States v. Curtis, 965 F.2d 610, 613 (8th Cir. 1992) ("Where a criminal defendant seeks suppression of evidence by challenging the veracity of information contained in the warrant affidavit, the only relevant inquiry for the district court is whether the warrant affiant knowingly, deliberately or recklessly included false statements in the warrant affidavit...continue to full post

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