United States v. Chester W. Campbell

DAVID A. NELSON, Circuit Judge.

The question presented in this case is whether deliberate false statements in an affidavit supporting an application for a search warrant compel the voiding of the warrant even if the false statements are unnecessary to a finding of probable cause. We believe the Supreme Court answered that question in the negative in Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), and we conclude that this court’s contrary decision in United States v. Luna, 525 F.2d 4 (6th Cir.1975), cert. denied, 424 U.S. 965, 96 S.Ct. 1459, 47 L.Ed.2d 732 (1976), has…