In re Austin B.

Citations

• 208 A.3d 1178

Syllabus

The respondent, Austin B., appealed from a Family Court order and judgment finding him delinquent for possession of child pornography. On appeal, respondent argued that: (1) the Family Court magistrate erred in denying his request for a Franks hearing (2) the Family Court justice erred in denying his motion to suppress evidence based on a lack of probable cause to support the search warrant (3) even if there was probable cause, the Family Court justice erred in deciding that the police properly executed the warrant (4) the Family Court justice erred in failing to suppress respondent's statements made to an officer at the residence. The Supreme Court affirmed on all grounds that were properly preserved below. The Court held that the Family Court magistrate properly denied respondent's request for a Franks hearing because there was no evidence that the detective included a knowing or intelligent false statement in the affidavit. Moreover, the Court determined that the Family Court justice properly denied respondent's motion to suppress because there was enough evidence in the warrant and affidavit to establish probable cause and the officers lawfully executed the warrant. Finally, the Court held that respondent waived any argument regarding the statements he made while at the residence because he failed to raise that argument below. Therefore, the Court affirmed the judgment of delinquency.