U.S. v. Sanford

In prosecution on drug and firearms charges, Dist. Ct. did not err in denying defendant’s request for Franks hearing and upholding search of defendant’s home pursuant to search warrant, even though defendant argued that he was entitled to Franks hearing because officer seeking search warrant did not disclose to warrant-issuing judge that confidential informant had criminal history and had pending criminal charges. Defendant failed to establish that such failure to disclose informant’s criminal history was material in probable cause finding that supported issuance of search warrant, where: (1) confidential informant actually testified in front of warrant-issuing judge; and (2) warrant-issuing judge had opportunity to question informant about her criminal history if he believed that such information was important to his determination of probable cause. Moreover, because informant was providing live testimony, warrant-issuing judge was not required to rely on any statements/omissions by police officer in his affidavit or his live testimony to support issuance of search warrant. Also, record showed that warrant-issuing judge was aware that informant had some sort of criminal past.