United States Court of Appeals
For the First Circuit
No. 02-1938
UNITED STATES OF AMERICA,
Appellee,
v.
JOHN B. STEWART,
Defendant, Appellant.
Before
Lynch, Circuit Judge,
Coffin and Porfilio,1 Senior Circuit Judges.
ERRATA
The opinion of the court issued on July 29,2003, is amended as
follows:
On page 8, line 7: delete "has the obligation" and substitute
"should"
On page 8, line 8: delete "to"
On page 8, line 14: insert the following footnote after
"cause."
Although we urge full disclosure of all non-trivial
information available to law enforcement, this does not
alter the longstanding materiality test for a Franks
hearing. An evidentiary hearing is required only if the
defendant is able to show that alleged misstatements or
omissions are material to the probable cause
determination.
1
Of the Tenth Circuit, sitting by designation.