United States v. Domenico Sandalo, No. 21-708 (2d Cir. 2023)

Defendant was indicted for possession with intent to distribute controlled substances after a search warrant was executed against his residence. The district court denied his motion to suppress the evidence law enforcement seized from the search. Defendant entered a conditional guilty plea preserving his right to appeal the district court’s decision. Defendant challenged the search warrant’s validity. He argued that the district court should have given him a Franks hearing because the warrant relies on knowingly false statements in the supporting affidavit.
 
The Second Circuit affirmed. The court explained that Defendant has not made a substantial preliminary showing that any of the three statements Defendant scrutinized were false material statements that the Officers knowingly or recklessly included in the search warrant affidavit. He succeeds only at identifying inconsistent statements—and discrete details within them—that is immaterial to a finding of probable cause. Further, Defendant impugns only the CI’s veracity, not the Officers’. Accordingly, the court held that he is not entitled to a Franks hearing.