“The Court finds that Defendant has not met his burden and is not entitled to a Franks hearing. As an initial matter, Defendant does not point to specific portions of the affidavit that he claims to be false. However, Defendant does take issue with certain statements in the affidavit, which the Court will discuss.” United States v. Pentz, 2013 U.S. Dist. LEXIS 72640 (D. Utah May 21, 2013).*
The officer here had plenty of reasonable suspicion that defendant was involved in drug dealing based on experience and a four-year snitch. He saw a hand labeled package at FedEx that strongly suggested to him based on experience that it contained drugs. United States v. Beverly, 2013 U.S. Dist. LEXIS 72634 (W.D. Ky. April 15, 2013).*
Defendant was taken down in an illegal arrest, and then the gun on him was found. This is not a situation where there is a new crime before the arrest. There was no reasonable suspicion for the initial patdown. United States v. Evans, 2013 U.S. Dist. LEXIS 72580 (E.D. Tenn. May 22, 2013),* R&R 2013 U.S. Dist. LEXIS 73293 (E.D. Tenn. April 8, 2013).*
The court finds credible the testimony of the officers that defendant consented to an entry and search of his apartment. United States v. Paulino, 2013 U.S. Dist. LEXIS 71978 (S.D. N.Y. May 21, 2013).*
The body armor and gun in defendant’s car was lawfully seized because the stop was with probable cause defendant was speeding, driving on the wrong side of the road, running a red light, and evading an officer trying to stop him. United States v. Bogle, 2013 U.S. App. LEXIS 10377 (2d Cir. May 23, 2013).*
↧