Questions that need to be asked at the Franks Hearing

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The affiant relied on a tip from an individual who claimed to be in the United States but was confirmed—by both the FBI and myself—to be using a TOR exit node located in France. This fact was either omitted or misrepresented in the affidavit. The use of TOR undermines the tipster’s credibility, raises serious questions about their identity and motive, and suggests intentional anonymity. The affiant’s failure to disclose this constitutes a material omission that invalidates the affidavit’s integrity and the resulting warrant.