Court of Appeals for the Ninth Circuit March 19, 2001, No. 00-30114; D.C. No. CR-98-00279-KI (United States v. Campbell)

MEMORANDUM **

To be entitled to a Franks1 hearing, Campbell “must first make a substantial preliminary showing that the affidavit contained a misleading omission and that the omission resulted from a deliberate or reckless disregard of the truth. Second, he must demonstrate that had there been no omission, the affidavit would have been insufficient to establish probable cause.