Can a search warrant be obtained without a hearing?

California, United States of America


The following excerpt is from People v. Peel, C081592 (Cal. App. 2017):

Defendant now contends the trial court erred in denying his motion to traverse the search warrant without a hearing pursuant to Franks v. Delaware (1978) 438 U.S. 154 [57 L.Ed.2d 667] (Franks), arguing he demonstrated a substantial probability that certain statements contained in the affidavit of probable cause were deliberately false or were made with reckless disregard for the truth and that the affiant knowingly or intentionally made material omissions. We will affirm the judgment.

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