Does a defendant have to have a hearing to determine the validity of a supporting affidavit?
The following excerpt is from USA v. Christakis, 238 F.3d 1164 (9th Cir. 2001):
1. Pursuant to Franks v. Delaware, 438 U.S. 154, 155-56 (1978), if a defendant makes a preliminary showing that statements in a warrant affidavit may be false, he is entitled to a hearing to determine the validity of the supporting affidavit. If he shows that statements in the affidavit are false, the court must assess whether the warrant would have issued even in the absence of those statements.
1. Pursuant to Franks v. Delaware, 438 U.S. 154, 155-56 (1978), if a defendant makes a preliminary showing that statements in a warrant affidavit may be false, he is entitled to a hearing to determine the validity of the supporting affidavit. If he shows that statements in the affidavit are false, the court must assess whether the warrant would have issued even in the absence of those statements.
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