Does a motion to suppress evidence obtained pursuant to a search warrant have to include an affidavit?

MultiRegion, United States of America

The following excerpt is from United States v. Akers, No. 2:04-cr-0431 GEB JFM (E.D. Cal. 2011):

It is undisputed that a defendant filing a motion to suppress evidence obtained pursuant to a search or arrest warrant must submit an affidavit with the motion. See Franks v. Delaware, 438 U.S. 154 (1978); United States v. Kiser, 716 F.2d 1268, 1271 (9th Cir. 1983). To obtain a Franks hearing, there are five requirements for a motion to suppress to be deemed sufficient: (1) the defendant must allege specifically which portions of the warrant affidavit are claimed to be false; (2) the defendant must contend that the false statements or omissions were deliberately or recklessly made; (3) a detailed offer of proof, including affidavits, must accompany the allegations; (4) the veracity of only the affiant must be challenged; and (5) the challenged statements must be necessary to find probable cause. Kiser, 716 F.2d at 1271.

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