◆ SpookStack

materiality requirement for a Franks hearing. 451 F.Supp.2d at 78-79; 511 F.Supp.2d at 77-78. As we recently noted, "[t]he circuits are split on the question whether a district court's decision not to hold a Franks hearing is reviewed under the cleariy erroncous or de novo standard of review," and "[w|e have not definitively resolved the issue in this circuit." United States v. Becton, 601 F.3d 588, 594 (2010) (internal quotation marks deleted). We need not resolve the issue today because even proceeding de novo we would agree with the district court: The appellants did not make the requisite substantial preliminary showing that Yanta, in her affidavit, intentionally or recklessly either described the evidence in a misleading way or failed to mention Holden. Lacking any probative evidence of Yanta's scienter, the appellants argue the district court should have inferred Yanta knew about Holden and intentionally failed to mention him because his name must. have "flashed across the Task Force's team computer screens." This is speculation, not a. substantial showing, and no basis upon which to question the ruling of the district court. See United States y. Richardson, 861 F.2d 291, 293 (D.C.Cir.1988) (affidavit in support of warrant not suspect under Franks where "there has been absolutely no showing [the affiant] made the statements with scienter') B. Traffic Stop In 2005 Officer Frederick Whitehead, of the Durham, North Carolina Police. Department, pulled over Jones's mini-van for speeding. Because we consider the "evidence in the light most favorable to the Government," Evans y. United States, 504 U.S. 255, 257 (1992), what follows is the Officer's account of the incident.. Maynard was driving and one Gordon was asleep in the passenger seat; Jones was not present. At the officer's request Maynard walked to the rear of the vehicle. There, in response to Whitehead's questioning, Maynard said he worked for a nightclub in D .C. and was driving to South Carolina to pick up a disc jockey and to bring him back for an event. When asked about his passenger, Maynard claimed not to know Gordon's last name or age. Whitehead then addressed Gordon, who had awakened and whom he thought seemed nervous, and asked him where he was going. Gordon told a different story: He and Maynard were headed to Georgia in order to meet relatives and some girls. *4 Whitehead then went to speak with his partner, who had arrived in a separate car. After relating the suspicious conflict in the stories he had been told, Whitehead called for a canine unit and ran the usual checks on Maynard's license and registration. He then returned to the rear of the van, where Maynard was still standing, gave Maynard back his. identification, along with a warning citation, and told him he was free to leave. By that time, the canine unit had arrived on scene but remained in their vehicle. Maynard moved toward the front of the van and, as he reached to open the driver's-side door, Whitehead called out "do you mind if I ask you a few additional questions?" Maynard turned around and walked back toward Whitehead, who then asked him if he was transporting any large sums of money, illegal weapons, or explosives. Maynard "looked scared," said nothing, 5 TTUOTD