Does a defendant in a criminal proceeding, still retain the right under the Fourth and Fourteenth Amendment under the United States Constitution, subsequent to the ex parte issuance of a search warrant, to a hearing to challenge the truthfulness of factual statements made in an affidavit used to support the warrant, when the government has conceded that the statements were false?

Does a defendant's mere presence, coupled with his knowledge that someone other than himself intends to sell drugs, is sufficient to establish his membership in a conspiracy to sell drugs?

Does a defendant in a criminal proceeding still retain the right under the Fourth and Fourteenth Amendment to challenge the truthfulness of statements in an affidavit used to support a search warrant?