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M.D.Ala.: In Franks, affiant-officer's law enforcement sources may be challenged, too.

By John Wesley Hall, Jr.

In a Franks analysis, the affiant-officer’s law enforcement sources may be questioned, too. United States v. Ohoro, 2010 U.S. Dist. LEXIS 71597 (M.D. Ala. July 16, 2010): But in conducting a Franks analysis, the court will “hold the government accountable for statements made not only by the affiant but also for statements made by other government employees which were deliberately or recklessly false or misleading insofar as such statements were relied upon by the affiant in making the affidavit.” United States v. Kennedy, 131 F.3d 1371, 1376 (10th Cir. 1997); Hart v. O'Brien, 127 F.3d 424, 449 (5th Cir. 1997) (“A governmental official violates the Fourth Amendment when he deliberately or recklessly provides false, material information for use in an affidavit in support of a search warrant, regardless of whether he signs the affidavit...continue to full post

Full post as published by Fourth Amendment on July 20, 2010 (boomark / email).