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fbi-use-of-global-postioning-system-gps-tracking — Part 01

32 pages · May 14, 2026 · Broad topic: General · Topic: fbi-use-of-global-postioning-system-gps-tracking · 32 pages OCR'd
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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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