Damian Cortez v. United States
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Whether a circuit split exists regarding the standard for presenting an offer of proof under Franks v. Delaware and the Fourth Amendment requirements for challenging a search warrant
QUESTIONS PRESENTED 1. Whether this Petition Should Be Granted to Resolve a Conflict Between the Decision Below and Decisions of the Eighth, Ninth, and Tenth Circuits that Have Accepted Affidavits Submitted by Defense Counsel as an Appropriate Vehicle by Which to Present the Offer of Proof Required by Franks v. Delaware, 438 U.S. 154 (1978). 2. Whether the Decision Below Violated the Fourth Amendment and Created a Conflict with the Seventh Circuit and Franks by Requiring Petitioner to Disprove Factual Assertions Made by the Government in Opposition to the Franks Hearing Request. 3. Whether the Offer of Proof Provided by the Defendant Satisfied the Preliminary Showing Required by Franks. i