The following excerpt is from U.S. v. Whitten, 706 F.2d 1000 (9th Cir. 1983):
A defendant is entitled to an evidentiary hearing to test the contents of an affidavit supporting a warrant if he shows, by a preponderance of the evidence, that the affiant deliberately or recklessly made a false statement necessary to establish probable cause. Franks v. Delaware,
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Improper Jury Instructions
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