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CA4: Franks motion failed after hearing; misstatement was negligent at worst, and PC anyway

By John Wesley Hall, Jr.

Defendant here actually got to a Franks hearing on inaccurate statements in the affidavit for the search warrant. The USMJ and District Court concluded that the inaccurate statements were the product of the officer being pressed for time to get the search warrant application together, and it was only a misstatement and not intentional or reckless. Moreover, even if the false statement was intentional or reckless, after purging it from the affidavit, probable cause remains, so the motion was properly denied. United States v. Ross, 2010 U.S. App. LEXIS 23056 (4th Cir. November 5, 2010) (unpublished).* [My view is: if in doubt, give the defendant a Franks hearing. It doesn't take that long, and it makes resolution of the motion and the appeal far easier...continue to full post

Full post as published by Fourth Amendment on November 08, 2010 (boomark / email).