ADVERTISEMENT
Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment
OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Criminal Law
: Fourth AmendmentD.S.D.: Defendant succeeds on Franks motion; affidavit can't be rehabilitated
By John Wesley Hall, Jr.
ADVERTISEMENTS
A gap in the information linking an IP address to defendant was sufficient to make a Franks showing for a hearing. The officer stated something as a fact when it was his deduction. The government does not get to rehabilitate the affidavit; all that can be done is strike the offending information. The information was necessary to the finding of probable cause, and the magistrate’s grant of the motion for a Franks hearing. United States v. Nelson, 2010 U.S. Dist. LEXIS 70317 (D. S.D. July 12, 2010):
Similarly, in this case, Agent Boone misled the issuing judge by misrepresenting his own analysis and conclusion regarding the identity of the subscriber associated with the suspected file-sharing activity as a factual statement made by Knology...continue to full postFull post as published by Fourth Amendment on July 17, 2010 (boomark / email).
Lawsuits and Settlements
Wrongful Death
alleging death was caused by the conduct of negligent defendant.
Related Searches
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.

No Suppression Despite Recklessly Made Factual Mistakes in Affidavit
Ohio Supreme Court Adopts Uniform DR Forms
Another Day, Another Ruling on Preserving Issues for Appeal
Illinois County Sign Ordinance Challenged
Hearsay, Shmearsay. When I Said There Were 70 Potential Plaintiffs What I Meant Was 126.








