UNITED STATES OF AMERICA v. SAUNDRA LUCILLE WHITE
US Court of Appeals for the Fourth Circuit, Duncan, March 9, 2017,
Franks hearing

To obtain a Franks hearing, a defendant must make a “substantial
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preliminary showing” that the affiant made (1) a false statement (2) “knowingly and
intentionally, or with reckless disregard for the truth” that was (3) “necessary to the
finding of probable cause.”

Search Warrants- A Franks Hearing is generally held when a defendant challenges the truth of the affidavit. To succeed, the defendant must prove that the affiant:
• Intentionally OR recklessly either:
o Included a false statement
o OR omitted (didn’t include) facts
• AND the false/omitted facts were “material.” Facts are material if their truthful inclusion would have undermined a finding of probable cause.

The affidavit stated that Hiler had been
to White’s home, “discussed this case with her there and knows her to maintain a home
office at that location.”

the district court heard
arguments and found that Hiler’s statements did not satisfy the requisite showing for a
Franks hearing because “at best” Hiler’s testimony evinced “inconsistent versions with
varying degrees of certainty . . . about communications that occurred” over two years
prior.

Q: You didn’t have any formal business meetings at Ms. White’s
house?
A: No.
Q: So you never claimed to Agent Davids that you discussed
business at Ms. White’s house?
A: No.
J.A. 1314–15. Based on those answers, White immediately requested a Franks hearing.
The district court first allowed Hiler to finish her testimony. On redirect, Hiler clarified
that she had seen White’s home office before, though she had never been inside of the
room. The government also asked Hiler whether she had ever discussed Millner with
White at her home. Hiler responded that she did not “recall . . . having a full detailed
conversation” with White about Millner but they may have discussed Millner’s
healthcare “in passing” at White’s home.

First, White cannot point to a false statement.
Second, White cannot establish the requisite scienter under Franks.

Sentence Enhancements:
Misrepresentation that the defendant was acting on behalf of a government agency- satisfied even though she never signed her real name to anything
Sophisticated means- calculated scheme involved several levels of fraud and
spanned almost three years

Diagnosis- half of the page is blacked out, so… I dunno