Kyle Stephen Thompson v. Maryland

Under Franks v. Delaware, 438 U.S. 154 (1978), if a defendant makes a substantial preliminary showing that (1) the affiant for a search warrant intentionally, or with reckless disregard for the false statement is necessary to the finding of probable cause, the Fourth Amendment requires the court to request. Id. at 155-56, 171. Courts reviewing a Franks hearing frequently address the materiality prong first by excising the challenged statements from the affidavit to determine if the remainder of the affidavit contains probable cause. In this context, the following question is presented for review: When a court considers a request for a Franks hearing by excising the challenged statements in the warrant application, does the court review the remaining statements for probable cause under a de novo standard of review?