Does a federal district court's decision regarding a Franks hearing de novo apply to a search warrant?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ceglia, 937 F.2d 614 (9th Cir. 1991):
We review the district court's decision regarding a Franks hearing de novo. Burnes, 816 F.2d at 1356. Whether allegedly false statements or omissions in the affidavit supporting the warrant were intentional or reckless is a question of fact reviewed for clear error, while the materiality of such omissions to the finding of probable cause is reviewed de novo. United States v. Bertrand, 926 F.2d 838, 842-43 (9th Cir.1991).
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