Can a defendant cross-examine the Affiant in a search warrant case?
California, United States of America
The following excerpt is from People v. Crabb, 191 Cal.App.3d 390, 236 Cal.Rptr. 385 (Cal. App. 1987):
In People v. Wilson (1986) 182 Cal.App.3d 742, 227 Cal.Rptr. 528, this court followed Franks in holding that without a preliminary showing the defendant was not entitled to cross-examine the affiant for the purpose of trying to establish that the search warrant affidavit contained allegations known by the affiant to be false or made with reckless disregard for the truth.
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