United States v. Capozzi

MEMORANDUM AND ORDER

SARIS, District Judge.

After six days of evidentiary hearings on defendant’s motion for a hearing under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the Court rules on defendant’s pending motions as follows. Because the trial is imminent, the Court is addressing the issues succinctly. A more detailed opinion will follow.

1. Defendant originally pressed for a Franks hearing on the ground that the police had fabricated an anonymous tipster. After evaluating the testimony of Salem Police Detective Thomas Griffin who testified he received the…