Does a challenge to an affidavit supporting the issuance of a search warrant require a Franks hearing?
MultiRegion, United States of America
The following excerpt is from U.S. v. Brinton, 985 F.2d 575 (9th Cir. 1993):
Not every challenge to an affidavit supporting the issuance of a search warrant requires a Franks hearing. A defendant must make allegations of deliberate falsehood accompanied by an offer of proof and must also show that the remaining content of the affidavit is insufficient to establish probable cause. Franks v. Delaware, 438 U.S. 154, 171 (1978). Here, the defendants have failed on both accounts.
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