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E.D.N.C.: "Hastily included" reference to CI was negligent and did not violate Franks

By John Wesley Hall, Jr.

Defendant fails in his Franks burden where the court can conclude that the part of the affidavit that offends him was “hastily included” in the affidavit and was not intentional or even reckless. United States v. Nedd, 2010 U.S. Dist. LEXIS 130618 (E.D. N.C. December 9, 2010)*: On this prong, Nedd fails to carry his burden. Other than pointing to Officer Monroe's mistaken inclusion of a reference to a “confidential informant” Nedd puts forth no evidence tending to establish that the officer's reference was anything other than a hastily included mistake. Nothing in the record supports a finding that Monroe acted intentionally or even recklessly in including the reference to the confidential informant. An officer heard a radio report of a robbery, and he stopped a car which he though could have been involved in the robbery for a broken taillight...continue to full post

Full post as published by Fourth Amendment on December 13, 2010 (boomark / email).