United States v. Rivera, No. 15-1349 (1st Cir. 2016)Annotate this Case
Defendant entered into a conditional guilty plea to being a felon in possession of a firearm. Defendant appealed the denial of his motion to suppress evidence seized from his home, arguing that the affidavit a law enforcement officer submitted in support of the application failed to establish probable cause because it did not provide an adequate nexus between Defendant’s drug dealing and his house. Defendant also sought a Franks hearing. The judge concluded that even if the affidavit failed to establish probable cause, the agent obtained the warrant in good faith. The judge also concluded that a Franks hearing was unnecessary. The First Circuit affirmed on different grounds, holding (1) law enforcement had probable cause for the search; and (2) Defendant failed to make the requisite showing to get a Franks hearing.