United States v. Harold Tasto

The search warrant was not invalid. The government concedes that the affidavit erroneously stated that when three chemicals, constituents in the manufacture of PCP (a controlled substance), were combined with a fourth chemical substance PCP would be produced. An expert testified that six chemicals are required to produce PCP. The appellant has not established that the misstatement by the affiant was either intentional or made with reckless disregard for the truth. Franks v. Delaware, --U.S. -, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Moreover, even if the erroneous information were deleted there…