Can a defendant challenge the veracity of an affidavit that supports a search warrant?

California, United States of America


The following excerpt is from People v. Donagal, A130623/A130707 (Cal. App. 2012):

A defendant has a limited right to challenge the veracity of statements that are made in an affidavit that is submitted in support of a request for a search warrant. (People v. Scott (2011) 52 Cal.4th 452, 484.) "A defendant who challenges a search warrant based on omissions in the affidavit bears the burden of showing an intentional or reckless omission of material information that, when added to the affidavit, renders it insufficient to support a finding of probable cause. [Citations.]" (Ibid.)

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