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NEUSTADTER v. COM.

Record No. 0377-88-4.

403 S.E.2d 391 (1991)

Allan L. NEUSTADTER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

Rehearing En Banc Granted May 22, 1991.

Attorney(s) appearing for the Case

John Kenneth Zwerling (Michael S. Lieberman; Zwerling, Mark, Sutherlund, Ginsberg & Lieberman, P.C., on briefs, Alexandria), for appellant.

Richard A. Conway, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BENTON, KEENAN and WILLIS, JJ.

WILLIS, Judge.

In Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the Supreme Court of the United States held:

Where the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the alleged false statement is necessary to the finding of probable cause...

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