United States First Circuit

Denial of request for Franks hearing (Franks v. Delaware, 438 U.S. 154) was appropriate where omissions of fact in an affidavit, relied on by a magistrate in issuing a search warrant, were both innocent and immaterial to a probable cause finding.

Appellate Information

• Decided 04/19/2002
• Published 04/19/2002

Judges

• LIPEZ, Circuit Judge., Before SELYA and LIPEZ, Circuit Judges, and SINGAL, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert F. Muse for appellant.


• For Appellees:
  
• William D. Weinreb, Assistant United States Attorney, with whom James B. Farmer, United States Attorney, and Rachel E. Hershfang, Assistant United States Attorney, were on brief for appellee.