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Criminal Law

: Fourth Amendment

Omissions were shown but they weren't material under Franks

By John Wesley Hall, Jr.

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Defendant showed that omissions were made from the officer's affidavit for the search warrant, but defendant failed to show that they were material under a href="http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=438&invol=154">Franks. United States v. Jebory, 2008 U.S. Dist. LEXIS 11723 (D. Minn. February 14, 2008): Second, the Court comments on Agent Robinson's reference to Ismail as a first-time citizen informant and the Agent's omission of Ismail's criminal background, previous drug dealings, and payment arrangement. Agent Robinson referenced Ismail as a first-time citizen informant after observing Ismail deliver drugs during two controlled buys. In addition, Agent Robinson failed to include certain details regarding Ismail's criminal record, previous drug dealings, and payment arrangement...continue to full post

Full post as published by Fourth Amendment on February 22, 2008 (boomark / email).

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