United States v. Turner, No. 19-1191 (8th Cir. 2020)
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The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence seized at his residence, as well as statements he made to officers at his residence and at the police station. The court held that the search warrant was supported by probable cause where defendant had prior drug convictions for possession and manufacturing/delivery of controlled substances; a search of the trash at his residence yielded evidence of illegal drug activity; and a rental car was located in the driveway along with defendant's own vehicle.
The court also held that the district court did not abuse its discretion in denying a Franks hearing where defendant failed to make either the requisite showing of intentional or reckless falsehood or omission, or that the probable cause analysis would change if the affidavit was modified as suggested.
Court Description: [Erickson, Author, with Colloton and Shepherd, Circuit Judges] Criminal case - Criminal law. The warrant application established probable cause to issue a warrant for the search of defendant's residence for evidence of drug trafficking; no error in not conducting a Franks hearing as the information in the application was not stale, and defendant failed to make either the requisite showing of intentional or reckless falsehood or omission or that the probable cause analysis would change if the probable cause affidavit was modified as suggested by defendant.
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