Judge Ronnie Abrams
Defendants were charged with conspiring to distribute, and to possess with intent to distribute, 100 or more marijuana plants. In addition to suppression of post-arrest statements, defendant Filippi sought suppression of evidence seized from a Bronx warehouse under a search warrant. The court previously held that federal agent Krause’s affidavit underlying the warrant’s application contained ample evidence supporting a finding of probable cause. The court denied Filippi suppression of evidence seized from the warehouse. Given Krause’s experience and training the court concluded that Krause could truthfully and accurately conclude that certain items in evidentiary photographs “appeared to be” a watering hose and a lighting ballast intended to limit the current in an electrical circuit. Further Krause’s single misrepresentation about the identity of an individual near the warehouse’s front in a June 11 photograph was insufficient to warrant a Franks hearing. There was no basis to conclude that the misidentification was deliberate or reckless, nor was the single misstatement needed to find probable cause given that the other averments in the search warrant affidavit provided ample support for a finding of probable cause.