CriminalProcedure Privacy JusticiabilityDoctri
Did the affiant officer intentionally or recklessly make false or misleading statements or omissions in support of the warrant
QUESTION(S) PRESENTED ' (1) Did the affiant officer intentionally or recklessly make ; false or misleading statements or omissions in support of the war(2) Was the false or misleading statement or omission material necessary to finding probable cause? (3) Was Carson's four calls to Dow hours before the robberies, connect Dow to the robberies, where the four calls were among 69other calls made by Carson prior to the robberies he was arrested for?? (4) Did Lt. Maguire single Mr. Dow out and treat him as being guilty by association based on Mr. Dow's alleged association with Mr. Carson and Mr. Dow's owning a white sedan?? (5) Was Dow's white, four-door, Chevy Impala, matching the description of the vehicle which dropped off the robbery suspect and lefe a couple of minutes after the robbery suspect fled by on footthe only vehicle like that made by General Motors? (6) Did General Motors only make a white vehicle for Mr. Dow? (7) Does the Surveillance video show Dow as being the shadowy , person entering the vehicle before it leaves? (8) Does the viedo show Dow as being the someone walking by the ‘vehicle before it leaves? (9) Does the Surveillance videos show that it was not Dow walking by the vehicle before it leaves? (10) Does Evidence which merely creats a strong suspicion of the guily of the accused shift the burden of proof in any form?? (11) Does the denial of Dow's Motion to Quash and Traverse violate Dow's Federal Constitutional Rights because the warrants lacked Probable Cause and contained material misrepresentations and Omissions? (12) Does the Searches violate the Fourth Amendment because the warrants Lacked Probable Cause, and Evidence Obtained in Reliance on « "Them" Must Be Suppressed? (13) Does the Failure to Hold a Franks Hearing Violate Dow's Fourth, Sixth, and Fourteenth Amendment Rights? 5