211104P.pdf   12/23/2021  United States  v.  Curtis Smith
   U.S. Court of Appeals Case No:  21-1104
   U.S. District Court for the Southern District of Iowa - Eastern   
   [PUBLISHED] [Wollman, Author, with Smith, Chief Judge, and Benton, Circuit 
   Judge] 
   Criminal case - Criminal law. Information supplied in the affidavit in 
   support of the search warrant application was not stale and provided a 
   substantial basis for finding probable cause to search defendant's motel 
   room for firearms; the district court did not not err in denying 
   defendant's request for a Franks hearing because even if the warrant 
   application was supplemented by the facts defendant contends were 
   improperly omitted from the affidavit, a judge could reasonably conclude 
   probable cause existed; even if the officers' entry into the room was not 
   consensual, the challenged evidence was admissible under the inevitable 
   discovery rule; defendant knowingly and intelligently waived his Miranda 
   rights; challenged to witness's identification of defendant from a mug 
   shot rejected as there was not a very substantial likelihood of 
   irreparable misidentification given the witness was staying in an adjacent 
   room and had spoken with defendant about a gun shot that came into her 
   room from his.