Steven Charles Sanders v. Kenneth Oliver and Kansas Attorney General ( 1979 )

McKAY, Circuit Judge,

concurring:

A determination of whether Sanders was afforded “an opportunity for full and fair litigation of [his] Fourth Amendment claim,” Stone v. Powell, 428 U.S. 465, 494, 96 S.Ct. 3037, 3052, 49 L.Ed.2d 1067 (1976), is rendered unnecessary by the finding that sufficient truthful or good-faith allegations remain in the affidavit to support a finding of probable cause. In Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the Supreme Court held that “if, when material that is the subject of the alleged falsity or reckless disregard is set to one side, there remains sufficient content in the warrant affidavit to support a finding of probable cause, no hearing is required.” Id. at 171-72, 98 S.Ct. at 2685.