United States v. Gary Jones, 942 F.3d 634

In July 2017 Gary Jones was arrested for driving with a suspended license; he subsequently posted online that he was on a “cop manhunt.”
From January–February 2018 Jones made a series of Facebook posts naming three officers, asking for their locations, warning police (“pigs”) to stay away from his house, and saying he was “going to pull this trigger.”
In a separate post Jones admitted owning a .45-caliber handgun and claimed he had shot a man in the past.
Based on these posts and surveillance tying Jones to the residence, a magistrate issued a search warrant under W. Va. Code § 61-6-24 (terrorist threats); execution of the warrant recovered hundreds of rounds of ammunition and components.
Jones was indicted under 18 U.S.C. § 922(g). He moved to suppress, arguing the warrant lacked probable cause and that the warrant affidavit omitted material facts; the district court denied suppression and denied a Franks hearing. Jones entered a conditional guilty plea and appealed.

Issue	Plaintiff's Argument (Jones)	Defendant's Argument (Government)	Held
Whether the warrant affidavit established probable cause that Jones committed "terrorist threats" under W. Va. Code § 61-6-24	Jones: his statements did not meet West Virginia’s statutory definition of terrorist threats (argues some posts showed suicidal ideation rather than threats)	Government: the posts threatened acts likely to cause serious bodily injury and sought to retaliate against/ intimidate government actors; the totality of posts supports probable cause	Court: Probable cause existed; Jones’s posts met § 61-6-24 as interpreted by WV courts and supported a fair probability of evidence of the crime at his home
Whether the affidavit omitted material facts such that Franks requires an evidentiary hearing	Jones: the affidavit omitted two posts that, if included, would show suicidal intent and defeat probable cause	Government: omissions were immaterial because many other threatening posts remained and would still support probable cause	Held: No Franks hearing; Jones failed to make a substantial preliminary showing that omissions were intentional and that inclusion would defeat probable cause

Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances standard for probable cause)
Franks v. Delaware, 438 U.S. 154 (1978) (standard for showing intentional or reckless omissions in warrant affidavits)
State ex rel. State v. Wilson, 806 S.E.2d 458 (W. Va. 2017) (threats to unspecified others and planning/supporting evidence can sustain terrorist-threats charge)
State v. Yocum, 759 S.E.2d 182 (W. Va. 2014) (single, custodial threat against one officer insufficient under terrorist-threats statute)
United States v. Anderson, 851 F.2d 727 (4th Cir. 1988) (nexus may be inferred from the nature of the items and where they are likely kept)
United States v. Richardson, 607 F.3d 357 (4th Cir. 2010) (reasonable to infer defendant’s computer used for criminal activity is located at home)
United States v. Lull, 824 F.3d 109 (4th Cir. 2016) (surveillance establishing residence supports nexus)
United States v. Wharton, 840 F.3d 163 (4th Cir. 2016) (Franks materiality test: insert omitted facts and reassess probable cause)
United States v. Allen, 631 F.3d 164 (4th Cir. 2011) (standard of review for Franks claims)