Defendant got a Franks hearing, and he did not prevail. “Consequently, the Court finds no evidence that the transcript or the affidavit contained statements that were deliberately false or made with reckless disregard for the truth.” Even if the challenged information were excised, there still is probable cause. United States v. Serrano, 2013 U.S. Dist. LEXIS 50996 (E.D. N.Y. April 8, 2013).*
“In this case, the record establishes that Agent Jackson entered the apartment only after the facts and circumstances would have led a reasonable person to conclude that the apartment contained contraband or evidence that was imminently likely to be destroyed. Therefore, his entry into the apartment was objectively justified. Agent Jackson's subjective expectation that a search would be fruitful has no bearing on the inquiry. See King, 131 S. Ct. at 1859 ...” United States v. Staley, 2013 U.S. Dist. LEXIS 50901 (M.D. Ala. March 15, 2013).*
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