United States v. McLellan, No. 14-1561 (1st Cir. 2015)Annotate this Case
Appellant was indicted on one count of sexual exploitation of children and one count of transporting child pornography. The district court denied Appellant’s request for a Franks hearing, as well as Appellant’s motion to suppress the evidence seized during the search of Appellant’s bedroom. Appellant pleaded guilty, specifically reserving his right to appeal the district court’s rulings. The First Circuit affirmed, holding that the district court (1) did not err in denying Appellant’s request for a Franks hearing where Appellant failed to make a preliminary showing that certain omitted information from an FBI agent’s affidavit would have negated the magistrate judge’s probable cause finding; and (2) did not err in concluding that the warrant was sufficiently particular and in thus denying Appellant’s motion to suppress the warrant.