U.S. v. Glover

In prosecution on drug distribution and firearm charges, Dist. Ct. erred in denying defendant’s motion to suppress guns and drugs seized pursuant to search warrant, where defendant alleged that magistrate lacked probable cause to issue said warrant where affidavit used to support said warrant contained no information regarding confidential informant’s credibility, and where Dist. Ct. refused defendant’s request for Franks hearing. Failure of affidavit to contain any information of informant’s credibility deprived magistrate of ability to make accurate probable cause finding, and Franks hearing on remand is necessary to determine whether officer’s omission of information regarding informant’s criminal background and financial incentive for providing information to police was example of officer’s reckless disregard of truth so as to preclude any application of good faith exception to exclusionary rule.