a facially valid warrant once the defendant makes a preliminary showing that the affidavit contains information “that the affiant knew was false or would have known was false but for his reckless disregard for the truth,” and that absent the false information, the affidavit would not support a showing of probable cause. 438 U.S. 154 (1978); see also United States v. Leon, 468 U.S. 897, 923 (1984); United States v. Stanert, 762 F.2d 775, 780 (9th Cir. 1985); Am. Samoa Gov’t. v. Samana, 30 A.S.R.2d 98 (Trial Div. 1996) (applying the similar provision in Article I, Section 5 of the Revised Constitution of American Samoa). Similarly, if an officer omits critical information from a search warrant application, a defendant may also be entitled to a hearing. See Stanert, 762 F.2d at 781 (<HOLDING>). Likewise then, a defendant is entitled to a
holding an agents false statements reckless because she was aware of the true facts surrounding the suspects arrest holding that only deliberate clear and unambiguous statements are judicial admissions holding that false statements are constitutionally protected holding that a challenge to the truth of the affidavit was not sufficient for a franks hearing where defendant offered no evidence that the affiant knowingly or recklessly gave false statements holding that deliberate or reckless omissions of facts that tend to mislead are false statements for franks purposes