United States v. Mark A. Domitrovich

57 F.3d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Mark A. DOMITROVICH, Defendant-Appellant. No. 94-30181. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1995. Decided June 15, 1995. Before: PREGERSON, KOZINSKI and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 1. Domitrovich failed to make a substantial showing that Landers made any intentional or reckless misstatements or omissions in his affidavit supporting the search warrant. See United States v. Dozier, 844 F.2d 701, 705 (9th Cir.1988). Nor were the omitted facts required to prevent the affidavit from being misleading. United States v. Stanert, 762 F.2d 775, 781 (9th Cir.1985). In any event, even purged of any falsities and supplemented by the alleged omissions, the affidavit would still support a finding of probable cause. See id. at 782 . No Franks hearing was required. 3 2. Domitrovich's Fourth Amendment rights were not implicated by…