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M.D.Ala.: Summary of the law of Franks

By John Wesley Hall, Jr.

The Franks claim here fails because, while the affidavit was not perfect, it was good enough. Quibbling over the details where the affidavit was prepared in haste did not show that it was recklessly or intentionally false. United States v. Moreland, 2010 U.S. Dist. LEXIS 114618 (M.D. Ala. October 27, 2010), adopting 2010 U.S. Dist. LEXIS 115091 (M.D. Ala. June 25, 2010) (R&R), summarizing Franks law: Affidavits supporting search warrants are presumed to be valid. Franks v. Delaware, 438 U.S. 154, 171, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978). To prevail on a motion-based on allegations of falsity in the supporting affidavit-to suppress evidence that was seized pursuant to a search warrant, the defendant has the burden of establishing that (1) the affiant made the alleged misrepresentations or omissions knowingly or recklessly and (2) exclusion of the alleged misrepresentations or inclusion of the alleged omissions would result in a lack of probable cause...continue to full post

Full post as published by Fourth Amendment on November 02, 2010 (boomark / email).