Paul S. Osterman v. United States
1. In the context of a Franks challenge, when evaluating whether an alleged omission was necessary to a finding of probable cause, may a court supplement the "hypothetical affidavit" or "corrected affidavit" with evidence beyond the alleged exculpatory omissions?
2. Does an officer show a reckless disregard for the truth by swearing to facts in the warrant affidavit that are contradicted by records within the officer's possession at the time the affidavit is sworn out?
In the context of a Franks challenge, when evaluating whether an alleged omission was necessary to a finding of probable cause, may a court supplement the 'hypothetical affidavit' or 'corrected affidavit' with evidence beyond the alleged exculpatory omissions?