Is there a presumption of validity with respect to a sworn affidavit supporting a search warrant?
MultiRegion, United States of America
The following excerpt is from Gifford v. Siskiyou Cnty. Sheriff, No. 2:11-cv-2484-KJM-CMK (E.D. Cal. 2017):
Generally, there is a presumption of validity with respect to a sworn affidavit supporting a search warrant. Franks v. Delaware, 438 U.S. 154, 171 (1978). Where a person seeks to attack the validity of an arrest warrant, "the challenger's attack must be more than conclusory and must be supported by more than a mere desire to cross-examine." Id. To support a challenger's contention,
Id.
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