United States v. Michael Clark, 134 F.4th 480

Michael Clark was convicted of possessing a controlled substance after police searched his hotel room in Superior, Wisconsin, based on a warrant obtained with help from a confidential informant.
Clark previously appealed, arguing that the police omitted critical adverse information about the confidential informant’s credibility in the warrant application, potentially violating Franks v. Delaware.
The Seventh Circuit had remanded the case for a Franks hearing to determine whether the omission was intentional or reckless.
After an evidentiary hearing, a magistrate found the police officer credible and concluded he did not purposely or recklessly omit the information.
The district court adopted these findings, denied Clark’s renewed suppression motion, and reinstated his conviction.
Clark appealed again, focusing on the district court’s acceptance of the officer’s explanation and denial of suppression.

Issue	Clark's Argument	Government's Argument	Held
Whether the omission of adverse credibility information about the confidential informant in the search warrant application was deliberate or reckless	Maas (the officer) acted with at least reckless disregard for the truth by not disclosing credibility issues to the magistrate	Maas did not act deliberately or recklessly; omission was due to department policy, not intent to deceive	No clear error; district court's finding that omission was neither deliberate nor reckless affirmed
Standard of review for factual findings regarding credibility in Franks hearings	Argued for reconsideration of credibility analysis	Emphasized clear error standard and district court’s advantage in making credibility determinations	Clear error standard applies; district court's credibility findings upheld

Franks v. Delaware, 438 U.S. 154 (1978) (sets standard for suppression when false statements are made deliberately or with reckless disregard for the truth in warrant affidavits)
United States v. Clark, 935 F.3d 558 (7th Cir. 2019) (prior opinion remanding for a Franks hearing)
United States v. Glover, 755 F.3d 811 (7th Cir. 2014) (standard of review for suppression motion factual findings)
United States v. Williams, 718 F.3d 644 (7th Cir. 2013) (addresses deliberate/reckless omissions in search warrant applications)
United States v. Sands, 815 F.3d 1057 (7th Cir. 2015) (scope of appellate review of district court credibility determinations)
United States v. Freeman, 691 F.3d 893 (7th Cir. 2012) (clearly erroneous standard for factual determinations)