U.S. v. McDuffy

In prosecution on drug distribution charge, Dist. Ct. did not err in denying defendant's request for Franks hearing to contest alleged misleading omission of fact by officer to obtain search warrant for defendant's home. While officer did not specify in warrant application quantity of marijuana found in defendant's trash, fact that officer had only recovered small flake of marijuana leaf in trash would not have upset state court's finding of probable cause to search defendant's home where other facts, including informant's observation that seven men had arrived and stayed only briefly at defendant's home, increased likelihood that defendant was involved with drugs found in his trash.