United States v Daniels 7thCIR 18OCT2018

United States v Daniels 7thCIR 18OCT2018

In this case the defendant sought to suppress evidence in a Franks hearing arguing the warrant affidavit was insufficient to establish probable cause because of a falsehood asserted in the affidavit. The Seventh Circuit applied the two-step process required when a warrant affidavit contains a false assertion of fact.  The court first looks to see if the false assertion is required for a finding of probable cause.  If the warrant application does not establish probable cause with the false assertion removed, then the warrant becomes invalid. If the facts in the affidavit (minus the false assertion) still establish Probable Cause, the court next looks to see if the false assertion of fact was made by the LEO intentionally or with reckless disregard for the truth.

In this case, the court ruled that probable cause existed even after removing the assertions required to be removed.  Even though that alone could have been dispositive, for “the sake of completeness” the court to hold that there was no factual basis to conclude the Special Agent’s misstep was reckless or deliberate.

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