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W.D.Mich.: § 2255 Franks claim as to CI fails where trash pulls showed PC

By John Wesley Hall, Jr.

Defendant’s § 2255 Franks claim fails because the information about the CI in the search warrant affidavit was virtually irrelevant compared to the results of two trash pulls finding drug evidence and that was probable cause. Thomas v. United States, 2010 U.S. Dist. LEXIS 56023 (W.D. Mich. June 7, 2010).* Court finds as a fact that the officer did not ask for consent to look for evidence of drug dealing in his computer. It was a general consent, and child pornography was found. United States v. Adkins, 2010 U.S. Dist. LEXIS 55657 (N.D. Ind. June 7, 2010)*: On these factual findings, Adkins' motion to suppress fails because the express written consents he gave for the search of the computers and their stored files were broad and unlimited, and certainly contained no limitation making the agents' review of the "...continue to full post

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