FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Whether the Second Circuit erred in denying Petitioner a Franks hearing when confronted with evidence of government representatives lying to four successive Magistrates in order to search petitioner's cellphone
Whether the Second Circuit erred in denying Petitioner a Franks1 hearing when confronted with evidence of government representatives lying to four successive Magistrates in order to search petitioner’s cellphone. Whether this Court should grant, vacate and remand (GVR) to require the Second Circuit reconsider its denial of a Franks hearing pursuant to 21 U.S.C. §2106 2 1 Franks v. Delaware , 438 U.S. 154 ,169 (1978). (“ allowing an evidentiary hearing, after a suitable preliminary offer of material falsity, would not diminsih the importance and solemnity of the warrant -issuing process.”) 2Grzegorczyk v. United States , 142 S.Ct.2580 (2022) (“Neither the Federal Government nor federal courts are immune from making mistakes) Justice Sotomayor dissent . See also Lawrence v. Chater, 516 U.S. 163, 168 (1996) (“This practice has some virtues. In an appropriate case, a GVR order conserves the scarce resources of this Court that might otherwise be expended on plenary consideration, assists the court below by flagging a particular issue that it does not appear to have fully considered, assists thi s Court by procuring the benefit of the lower court's insight before we rule on the merits, and alleviates the ‘potential for unequal treatment ’ that is inherent in our inability to grant plenary review of all pending cases raising similar issues. ”