District Court didn't err in Franks hearing

Jennifer Nelson
January 1, 2008
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The 7th Circuit Court of Appeals upheld a defendant's drug conviction following a Franks hearing, affirming the U.S. District Court's decision to reconsider one of its findings and to not compel the government to identify the confidential informant in the case.

The case of United States of America v. Antone C. Harris, No. 07-1315, made its way back to the 7th Circuit after the federal appellate court originally remanded the case to the United States District Court, Southern District of Indiana, Indianapolis Division, to hold a Franks hearing because it found the court had improperly denied Antone Harris a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978).

A magistrate judge had issued a warrant to search Harris' home for cocaine and drug contraband pursuant to an affidavit from Indianapolis Police Department Detective Michael Forrest.

Forrest's original affidavit contained some incorrect information. Despite three false and misleading statements, the District Court denied Harris' motion to suppress evidence. On appeal, the 7th Circuit remanded the case with instructions to hold a Franks hearing to determine whether the search warrant was unconstitutional.

In a Franks hearing, in order for a defendant to show a search warrant was unconstitutional, he must show by a preponderance of the evidence 1) the search warrant contained false material statements; 2) the affiant omitted the material fact, or made the false statement intentionally or with reckless disregard for the truth; and 3) the false statement is material for finding the probable cause.

Based on Forrest's testimony at the hearing, the District Court ruled Harris didn't meet his burden of demonstrating the evidence in the warrant affidavit was insufficient to show probable cause. The District Court also denied his request to compel disclosure of the confidential informant who was used in the affidavit.

Harris argued that the District Court should have been bound by its initial determination that the warrant affidavit contained misleading information as to the date of the confidential informant's conversations about purchasing cocaine with Harris in the Goodlet Avenue residence.

To constrain the District Court would have forced it to ignore evidence from the hearing, a result that "is neither necessary nor justified," wrote Judge Ann Claire Williams. As a result, the District Court didn't abuse its discretion when it determined it wasn't bound by the law of the case doctrine from reconsidering whether the statements in the warrant affidavit were materially false.

Harris moved the District Court to compel the government to disclose the identity of and produce the confidential informant, believing there was no informant and the detective made up the informant's existence. The U.S. Supreme Court had ruled that when confidential informants are just "tipsters," disclosure of their identity isn't required.

"Because the CI (confidential informant)'s only role was to provide information that served as the basis for obtaining the search warrant, there is no reason to believe that the CI would testify at trial in such a way that would refute or cast doubt on whether Harris was in possession of crack cocaine on April 20, 2004. The CI is therefore a 'tipster' whose identity need not be disclosed," the judge wrote.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.