United States v. Tanguay

MEMORANDUM ORDER

JOSEPH N. LaPLANTE, District Judge.

This case, where the defendant moves to suppress evidence found by police executing a warrant to search his home, raises questions over the application of Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Tanguay argues that, in securing the warrant — which was based on a witness’s claim to have seen child pornography on Tanguay’s computer — a state police sergeant deliberately or recklessly omitted several material facts going to the witness’s credibility and, ultimately, negating any probable cause. This court held an…