Where a defendant in a sexual abuse case challenged the denial of his motion to suppress, the sheriff’s written affidavit and oral testimony before a judicial officer were sufficient to establish probable cause for the issuance of a search warrant for the defendant’s cell phone, and the defendant failed to make the preliminary showing to support a Franks hearing, so the judgment is affirmed.
Judgment is affirmed.
U.S. v. Daigle (MLW No. 74410/Case No. 18-2603 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, District of North Dakota, J.