What is the procedure for obtaining an order for Step 6 in a criminal case?

Instead of Step 6, the American procedure is set out in Franks v. Delaware, 438 U.S. 154 (1978). Where an accused is able to show as a preliminary matter that the government’s affidavit contains inaccuracies or omissions as a result of the affiant’s falsehood or reckless disregard for the truth, and that the statements were material to the issuing of the authorization, a full evidentiary hearing is held: United States v. Rajaratnam, 719 F.3d 139 (2nd Cir. 2013). This preliminary hearing is conducted ex parte and in camera in order to determine the threshold issue where there is an inquiry into the history and reliability of a confidential informant: United States v. Reeves, 210 F.3d 1041 (9th Cir. 2000). That procedure can include an examination of the police and even of the informant him or herself: Fields, supra, at para. 51. The full Franks hearing is then required to determine whether there has in fact been perjury or a reckless disregard for the truth and whether the authorization can still be supported.