​In the case of United States v. Sean Combs (Case No. 1:24-cr-00542-AS), the defense has filed a reply memorandum supporting their motion to suppress evidence obtained through search warrants executed at Combs' residences in Los Angeles and Miami, as well as his electronic accounts and devices. The defense argues that the government obtained these warrants by making false statements and omitting critical exculpatory evidence, thereby presenting a misleading portrayal of the facts to justify the searches. They contend that certain evidence, which suggested that participation in the alleged "Freak-Off" parties was voluntary and consensual, was intentionally excluded from the warrant applications. The defense asserts that this misconduct led to the issuance of overly broad warrants, allowing the seizure of extensive personal and digital records unrelated to the alleged offenses.


Alternatively, the defense requests a Franks hearing to challenge the validity of the search warrants. A Franks hearing is warranted when a defendant makes a substantial preliminary showing that a false statement was knowingly and intentionally, or with reckless disregard for the truth, included in a warrant affidavit, and that the allegedly false statement is necessary to the finding of probable cause. The defense maintains that the government's alleged omissions and misrepresentations meet this standard, necessitating such a hearing. They emphasize that without the purportedly misleading information, the warrants would lack probable cause, rendering the seized evidence inadmissible.


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source:  

gov.uscourts.nysd.628425.187.0.pdf
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