Campbell

MEMORANDUM **

To be entitled to a Franks 1 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.” 2 We need not undertake the second inquiry, because Campbell’s claim does not survive the first.

“ Whether ... omissions are intentional or reckless is a factual finding reviewed under the clearly erroneous standard.’ ” 4 In holding that “there is no evidence that Lawrence’s failure to report Hicks’ criminal record was either intentional or reckless,” the district court did not clearly err. The uncontroverted evidence shows that Lawrence did not obtain Hicks’ criminal record until four days after obtaining the search warrant. Campbell believes that Lawrence either chose not to run Hicks’ record, or that he ran Hicks’ record but intentionally withheld this information from the affidavit. The first proposition, even if true, does not require a hearing. 5 The second, of course, would, *464 if supported by…