The following excerpt is from U.S. v. Senchenko, 133 F.3d 1153 (9th Cir. 1998):
The district court, after holding a Franks hearing, found that the errors were not made "deliberately or recklessly." We uphold this finding unless clearly erroneous. United States v. Dozier, 844 F.2d 701, 705 (9th Cir.1988). The threshold determination in a Franks hearing is whether erroneous statements or omissions in an affidavit supporting a search warrant were made "knowingly and intentionally, or with reckless disregard for the truth." Franks, 438 U.S. at 155, 98 S.Ct. at 2676. If such a finding is made, the court then determines whether "with the affidavit's false material set to one side, the affidavit's remaining content is insufficient to establish probable cause." Id. at 156, 98 S.Ct. at 2676.
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