Can a defendant challenge the veracity of an affidavit of probable cause?
California, United States of America
The following excerpt is from People v. Woods, D073605 (Cal. App. 2018):
"Under [Franks, supra, 438 U.S. 154], a defendant has a limited right to challenge the veracity of statements contained in an affidavit of probable cause made in support of the issuance of a search warrant." (People v. Panah (2005) 35 Cal.4th 395, 456.) "When presented with such a challenge, the lower courts must conduct an evidentiary hearing if a defendant makes a substantial showing that: (1) the affidavit contains statements that
Page 28
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant challenge the veracity of statements in an affidavit of probable cause? (California, United States of America)
Can a defendant challenge the veracity of an affidavit of probable cause made in support of a search warrant? (California, United States of America)
What is the test for probable cause in a motion where an affidavit states that there is "substantial evidence of probable cause"? (California, United States of America)
What is the test for a motion to challenge the veracity of statements in an affidavit of probable cause? (California, United States of America)
Is an affidavit supporting probable cause supported by probable cause insufficient? (California, United States of America)
Does a defendant need to obtain a certificate of probable cause to challenge their sentence? (California, United States of America)
In what circumstances will a defendant who challenges a search warrant based on an affidavit containing omissions from an interview with Seihoon have to prove that they omitted something from the affidavit? (California, United States of America)
Can a search warrant affidavit support the veracity of statements in the affidavit by an Affiant whose credibility is being challenged? (California, United States of America)
Can a defendant challenge the veracity of an affidavit that supports a search warrant? (California, United States of America)
Is a defendant's failure to obtain a certificate of probable cause barred her from challenging her conviction and sentence? (California, United States of America)
