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The defendant challenged the validity of the search warrant on the grounds that it was based on an affidavit that included false information and omitted material information. Although the affidavit in support of the search warrant contained inaccurate or incomplete information (including information that was actually known to have been wrong by the affiants), the Federal Rules of Criminal Procedure place the burden on the defendant to prove that those inaccuracies and omissions were made deliberately or with reckless disregard for the truth. The defendant's second motion was denied in open court. The District Court entered a judgment of conviction based on the search. On appeal, the Court of Appeals said:

"We conclude that the affidavit in this case, although containing inaccuracies and omissions, is not so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable. As such, it cannot be said that the good faith exception to the exclusionary rule has no application here."

"The affidavit indicated that an informant told Agent Delatret that appellant had a shipment of stolen firearms coming from Minnesota. The informant and appellant had "known each other" for some period of time. More importantly, however, the affidavit stated that the informant had provided information concerning drug trafficking, prostitution, money counterfeiting and other crimes in the past. Therefore, it is reasonable to conclude that the informant's information about appellant's alleged receipt of firearms would be relevant to whether probable cause to search appellant's apartment existed."

The defendants were arrested and the premises searched pursuant to a warrant. They each moved to suppress the evidence seized at the time of arrest and the warrant of arrest. All motions were granted and the evidence was suppressed on the ground that the warrant was based on an affidavit that contained false statements and on misinformation. It was contended on appeal that the affidavit in support of the warrant of arrest contained numerous misstatements made deliberately or with reckless disregard for the truth and that the affidavit contained no information of sufficient specificity or corroboration to establish probable cause for the arrest of appellant in order to search his home. d2c66b5586