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CA8: No Franks violation; omitted information not material to showing of PC

By John Wesley Hall, Jr.

Defendant challenged the PC for the SW because of an alleged Franks violation because the officer omitted from the affidavit for the search warrant that defendant was towing a lawnmower behind his bicycle when he got to the place of the search. The officer testified that he did not see that it was relevant, but the defendant explained that it showed his innocent reason for going to the house. The court found that there was probable cause despite the omission because there was plenty of probable cause without it. United States v. Butler, 2010 U.S. App. LEXIS 2640 (8th Cir. February 9, 2010).* The district court’s finding that defendant was not a co-resident or an overnight guest with standing to contest the search was supported by the evidence, so the judgment is affirmed...continue to full post

Full post as published by Fourth Amendment on February 10, 2010 (boomark / email).