Opinion
07-CR-091-C.
September 20, 2007
ORDER
On September 20, 2007, this court held a recorded telephonic conference to discuss defendant John High's request for a Franks hearing on his motion to suppress evidence. High did not participate personally, but was represented by his attorneys, Brian Mullins and Richard Coad. The government was represented by Assistant United States Attorney Rita Rumbelow.
After hearing from both sides and having considered all the submissions, I determined that there is no need for a Franks hearing. The parties agreed that we need a Segura hearing and further agree that in the event the government establishes probable cause to secure the apartment, then statements made by the residents during the pre-warrant wait are sufficient to establish probable cause, thereby rendering immaterial the challenged statements of the affiant's informant.
Segura v. United States, 468 U.S. 796, 810 (1984).