Please ensure Javascript is enabled for purposes of website accessibility

Search and Seizure — Franks motions

By: WISCONSIN LAW JOURNAL STAFF//March 8, 2012//

Search and Seizure — Franks motions

By: WISCONSIN LAW JOURNAL STAFF//March 8, 2012//

Listen to this article

United States Court of Appeals For the Seventh Circuit

Criminal

Search and Seizure — Franks motions

An affidavit stating that a marijuana stem was found in the defendant’s garbage was not intentionally misleading, even though the contents of the trash had been dumped into a truck, and the stem could have already been present at the time.

“Spears challenges a number of statements in the affidavit regarding the July 31 trash pull. He first contends that the affidavit included a material omission when it stated that the marijuana stem was found ‘in the trash’ without disclosing that the trash was emptied onto the bed of a truck that was used in previous trash pulls. Such an inclusion would have painted a broader picture, but the initial inquiry for Franks purposes is not one about how the affidavit can be perfected, it is simply whether the misinformation in the affidavit was included (or the material omission was excluded) with intent or reckless disregard for the truth. Here, Spears does not show that the district court clearly erred in its determination that the omission was intentional or reckless, especially since the stem was found along with other evidence that tended to show a marijuana grow operation that Spears does not allege could have been leftover on the truck from a previous pull.”

Affirmed.

10-3338 U.S. v. Spears

Appeal from the United States District Court for the Northern District of Indiana, Simon, J., Williams, J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests