5:24-cr-00120
E.D. Ky.Jun 9, 2025Background
- Defendant Victorian Hardaway was indicted on charges of fentanyl possession with intent to distribute, being a felon in possession of a firearm, and possessing a firearm in furtherance of drug trafficking.
- The charges stem from a January 17, 2024, search of his person, vehicle, and apartment in Lexington, KY, following a search warrant supported by a police affidavit.
- The search yielded fentanyl, methamphetamine, Percocet, firearms, cash, scales, and cellphones.
- Hardaway moved to suppress the evidence and requested a Franks hearing, arguing the warrant affidavit contained stale and false information.
- The court considered both the alleged false statements in the affidavit and whether information supporting the search warrant was impermissibly stale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Franks hearing entitlement | Affidavit is presumed valid; no substantial showing of falsehood | Affidavit contained false and/or reckless statements | No hearing; defendant failed to support allegations |
| Typographical error on warrant | Minor errors do not constitute fabrication | Typo undermines reliability of affidavit's evidence | Typographical error not sufficient for Franks relief |
| Existence of confidential informant | Properly supported by investigative context | CI likely fabricated due to incorrect nickname info | No offer of proof; CI not shown to be fabricated |
| Staleness of warrant information | Affidavit had sufficient temporal references; ongoing criminal activity | Lacked specific dates; info was stale and insufficient | Affidavit not stale; probable cause upheld |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (establishes the standard for when a defendant is entitled to a hearing on the veracity of a search warrant affidavit)
- Illinois v. Gates, 462 U.S. 213 (1983) (establishes totality of the circumstances test for probable cause)
- United States v. Harris, 403 U.S. 573 (1971) (court approved use of temporal language like “within the past 2 weeks” for probable cause)
- United States v. Hython, 443 F.3d 480 (6th Cir. 2006) (affidavit must give some temporal reference; ongoing drug activity affects staleness)
- United States v. Greene, 250 F.3d 471 (6th Cir. 2001) (evidence of ongoing criminal activity generally defeats staleness challenges)