1. When in a "Pre-Franks'" procedure does a Court "error by considering evidence submitted by the government to make the threshold determination of a defendant's entitlement to a Franks hearing ?

2. When deciding the question whether to grant a Franks hearing, does the court. error by offering its own explanation for omissions and/or discrepancies and contradictions in a affidavit and relying on that explanation to deny a Franks hearing ?

3. To obtain a Franks hearing is a burden of production, proof by preponderance of the evidence must wait until the Franks hearing itself ?

When does a court err in a 'Pre-Franks' procedure by considering government evidence to determine a defendant's entitlement to a Franks hearing?