When a law enforcement agent falsifies and misrepresents wiretap evidence to establish probable cause for a second wiretap, can a reviewing court rely on the agent's subjective beliefs about the misrepresented evidence to find probable cause and uphold its validity under Franks v. Delaware, 438 U.S. 154 (1978)?

question presented is unwarranted, it should hold Mr. Kendrick’s petition pending resolution of Tabb. il