What is the test for making a false statement to a magistrate?
MultiRegion, United States of America
The following excerpt is from U.S. v. Schmidt, 91 F.3d 157 (9th Cir. 1996):
2 Franks v. Delaware, 438 U.S. 154, 155-56 (1978), instructs that where a defendant makes a substantial preliminary showing that (1) the affiant made a false statement to the magistrate either deliberately or with reckless disregard for the truth, and (2) the false statement is necessary to a finding of probable cause, an evidentiary hearing must be held at the defendant's request.
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