United States v. Joe Harrison Bennett

BAILEY BROWN, Senior Circuit Judge.

Defendant Joe Harrison Bennett appeals the denial of his motion to suppress evidence that police officers seized when they executed a search warrant at his residence. The district court found, after conducting a hearing in accordance with the requirements of Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), that material statements in the affidavit on which the warrant was based were not falsehoods that were made intentionally or with reckless disregard for the truth. We hold, however, that this finding by the district court was clearly…