Whether the Fourth Amendment exclusionary rule requires suppression of evidence obtained through a search warrant that was based in part on false statements made by law enforcement in reckless disregard of the truth

No question identified. : QUESTIONJS] PRESENTED | ; The Fourth Amendment exclusionary Rule serves another vital functionthe : imperative of judicial integrity. In Franks v. Delaware, 438 U.S. at 186, 57 L.Ed 667, 98 S.Ct. 2674 (1978) the rules prime purpose is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable search and seizure. United States v. Calandra, 414 U.S. at 347-348, 38 L.Ed. 2d 561, 94 S.Ct. 613 (1974). . Law enforcement officials violate the constitution if, in order to obtain a warrant, he perjures himself or testifies in reckless disregard of the truth, as the , Franks court explained, when the 4 Amendment demands a factual showing sufficient to compromise “probable cause”, the obvious assumption is that there will be a truthful showing. See, Kelly v. Curtis, 21 F.3d 1544, 1555 (11 Cir. 1994), quoting Franks, 438 U.S. at 165-66, 98 S.Ct. 2674, 2681 57 L.Ed. 2d 667 (1978), U.S.C.A. 4 and 14, once rvidence obtained by unlawful police conduct in violation of the Fourth and Fourteenth Amendment pursuant to an illegal warrant is by hypothesis relevant and admissible on the issue of guilt, the only purpose served as between the parties any judgment or order procured from any court by the practice of fraud or deception may, in appropriate proceedings, be set aside at any time” Franks, at 186, 57 L.Ed. 2d 667, 98 S.Ct. 2674 (1978) quoting Calandra at 347 -348, 38 L.Ed. , 2d. 561, 94 S.Ct. 613 (1974) U.S.C.A. 4 and 14. Thus, U.S. Constitution prohibits law enforcement officials from making perjurous or reckless false statements in support of a warrant. Kelly v. Curtis, 21 F. , 8d. 1544, 1555 (11 cir. 1994) quoting Franks v. Delaware, 438 U.S. at 156, 57 L.Ed. 2d 667, 98 S.Ct. 2674 (1978). ; Information obtained in violation of the Fourth Amendment would invalidate search warrant if it proved critical to establishing probable cause. United States v. Karo, 468 U.S. 705, 719, 104 S.Ct. 3296, 82 L.Ed. 2d 530 (1984). Information illegally obtained must be excised from warrant affidavit. United States v. Gillenwaters, 890 F.2d 679, 681-82 (4th Cir. 1989). .