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fbi-use-of-global-postioning-system-gps-tracking — Part 01
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U.S. 154 (1978), into the credibility of one of the affidavits offered in support of the
warrant. The district court denied both motions. 451 F.Supp.2d 71, 78-79, 81-83 (2006)
Before his second trial Jones moved the court to reconsider both motions; Maynard
adopted Jones's motions and made an additional argument for a Franks hearing. The
district sourt held Jones's motion for rcconsideration auded riothing new and denied it for
the reasons the court had given before the first trial. 511 F.Supp.2d 74, 77 (2007). The
court then denied Maynard's separate motion for a Franks hearing. Id. at 78. The
appellants appeal the district court's denial of their motions to suppress and for a Franks
hearing.
As for their motions to suppress, the district court held the applications for the
warrants "amply satisfie[d]" the necessity requirement because they recounted the
ordinary investigative procedures that had been tried and explained why wiretapping was
necessary in order to "ascertain the extent and structure of the conspiracy." 451
F.Supp.2d at 83. We review the court's "necessity determination' for abuse of discretion.
United States v. Sobamowo, 892 F.2d 90, 93 (D.C.Cir.1989)
The appellants do not directly challenge the reasoning of the district court; rather they
suggest sources of information to which the police hypothetically might have turned in
lieu of the wiretaps, to wit, cooperating informants, controlled buys, and further video
surveillance. At best, the appellants suggest investigative techniques that might have
provided some of the evidence needed, but they give us no reason to doubt the district
court's conclusion that "[h]aving engaged in an adequate range of investigative
endeavors, the government properly sought wiretap permission and was not required to
(quoting Sobamowo, 892 F.2d at 93).
The appellants also requested a hearing into the credibility of the affidavit submitted
by Special Agent Yanta in support of the wiretap warrants. An affidavit offered in
support of a search warrant enjoys a "presumption of validity," Franks, 438 U.S. at 171.
but
where the defendant makes a substantial preliminary showing that a false statement
knowingly and intentionally, or with reckless disregard for the truth, was included by the
affiant in the warrant affidavit, and if the allegedly false statement is necessary to the
finding of probable cause, the Fourth Amendment requires that a hearing be held at the
defendant's request.
*3 Id. at 155-56. The substantial showing required under Franks must be "more than
conclusory" and "accompanied by an offer of proof." United States y. Gatson, 357 F.3d
77, 80 (D.C .Cir.2004) (quoting Franks ).
The appellants argued Yanta intentionally or at least recklessly both mischaracterized
certain evidence and omitted any mention in her affidavit of Holden, an informant whom
the appellants think might have assisted the investigation. The district court denied the
motion, holding the appellants had satisfied neither the substantial showing nor the
4
TTUOTD
C07085
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