U.S. v. Spears

In prosecution on charge of maintaining place for manufacturing and distribution of marijuana, Dist. Ct. did not err in finding during Franks hearing that affidavit by police officer to support issuance of search warrant did not contain any materially false statements that would serve to suppress evidence found in defendant's home. Police received tip that defendant had marijuana growing operation in his home, and while affidavit contained slight misstatements about circumstances surrounding police discovery of marijuana stem in defendant's garbage, as well as existence of PVC piping outside defendant's home, Dist. Ct. could properly find that said misstatements did not demonstrate that police officer had reckless disregard for truth. Ct. further noted that even if certain colorable misstatements were stricken from affidavit, remaining portion of affidavit was sufficient to establish probable cause.