Benjamin

After the trial court denied defendant’s motion to suppress (Pen. Code, § 1538.5) and for an evidentiary hearing pursuant to Franks v. Delaware (1978) 438 U.S. 154 [ 98 S.Ct. 2674 , 57 L.Ed.2d 667 ] (hereinafter Franks), defendant entered a negotiated plea of no contest to possession of marijuana for sale (Health & Saf. Code, § 11359) and cultivation of marijuana (Health & Saf. Code, § 11358) in exchange for a grant of probation.

Defendant now appeals, contending that he made a showing sufficient" to require an evidentiary hearing pursuant to Franks, supra, 438 U.S. 154 . In Franks , the United States Supreme Court held that the Fourth Amendment requires that a hearing be held where a defendant makes a substantial preliminary showing that a false statement, necessary to the finding of *268 probable cause, was made knowingly and intentionally, or with reckless disregard for the truth, by the affiant in the search warrant affidavit. We disagree that the defendant made the requisite showing under Franks in this case. In the published portion of this opinion, we conclude, among other things, that although the probable cause for a search cannot be supported by the results of…