Anonymous ID: a39565 July 16, 2023, 5:32 p.m. No.19192538   🗄️.is 🔗kun   >>2546 >>2676 >>2873 >>2932 >>2998 >>3070 >>3095 >>3132

>>19192520

>Franks hearing

 

Franks Hearing is Key to Attacking Search Warrant

 

Aggressive Maryland criminal defense attorneys know that the best way to attack a search warrant is by attacking the affidavit in support of the warrant. This is commonly referred to as a Franks Hearing.

 

In Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the Supreme Court held that in certain defined circumstances a defendant can attack a facially sufficient affidavit. The Franks Court recognized a “presumption of validity with respect to the affidavit supporting the search warrant”, and thus created a rule of “limited scope”.

 

The rule created by the Franks decision requires that a dual showing be made before a court will hold an evidentiary hearing on the affidavit’s integrity. This showing incorporates both a subjective and an objective threshold component. In order to obtain an evidentiary hearing on the affidavit’s integrity, a defendant must first make “a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit.” This showing “must be more than conclusory” and must be accompanied by a detailed offer of proof.

 

In addition to showing that the affidavit contains false information, a defendant must show that the false information is essential to the probable cause determination. That is, if a court finds that “when material that is the subject of the alleged falsity or reckless disregard is set to one side, there remains sufficient content in the warrant affidavit to support a finding of probable cause, no hearing is required.”

 

The Franks test not only applies to cases where false information is included in an affidavit, but also applies when affiants omit material facts “with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading.” Upon making this two-part preliminary showing of false or omitted information, and the necessity of this information to a finding of probable cause, a defendant is entitled to a hearing. At this hearing, the defendant has the burden of proving the allegations by a preponderance of the evidence.

 

https://www.marylandcriminalattorneyblog.com/franks_hearing_is_key_to_attac/

Anonymous ID: a39565 July 16, 2023, 7:22 p.m. No.19193121   🗄️.is 🔗kun   >>3132 >>3141

>>19192965

>>19193095

 

Missing Alabama woman returns home unharmed after telling police she saw unattended child

Francisco Guzman

USA TODAY

 

A 25-year-old woman who sparked a police search and national media headlines when she disappeared from an Alabama highway Thursday has turned up unharmed at her nearby home, police said Sunday.

 

Carlee Russell was reported missing Thursday after she called police and her family to report a claim that she saw a toddler walking along the interstate in Hoover, about eight miles south of Birmingham. Shortly after making the calls, Russell's whereabouts were uncertain.

 

At 10:44 p.m. local time Saturday, the Hoover Police Department’s 911 center received a call sayingCarlethia “Carlee” Nichole Russell had returned home on foot,according to police.

 

Hoover Fire Department medics checked on Russell before taking her to UAB Hospital for evaluation, Hoover police said. She was later released.

 

Police have obtained traffic camera footage, which is being analyzed, Hoover police said.

 

"The footage is still being analyzed as part of the investigation in conjunction with the 911 call to accurately determine the timeframe," Hoover police said.

 

Witness says they saw a man standing outside of Russell’s vehicle

 

Police said Russell got off work at around 8:20 p.m. Thursday and stopped to pick up food before traveling toward Hoover on I-459 where she stopped after seeing the toddler, police said.

 

"A single witness reported possibly seeing a gray vehicle with a light complected male standing outside of (Russell's) vehicle. We have no further information about that individual or vehicle at this time," police said.

 

https://www.usatoday.com/story/news/nation/2023/07/16/carlee-russell-found-hoover-alabama/70417948007/

Anonymous ID: a39565 July 16, 2023, 7:24 p.m. No.19193140   🗄️.is 🔗kun   >>3147

>>19193096

 

asked a few Jews what they thought of the talmud.

 

none of them knew what it was

 

between that and the "say they are but are not" that is huge paper tiger but obviously new plastic non breakable paper