Under what circumstances can a defendant challenge the veracity of an affidavit supporting a search warrant based on official misconduct?
California, United States of America
The following excerpt is from People v. Eid, 31 Cal.App.4th 114, 36 Cal.Rptr.2d 835 (Cal. App. 1994):
Under Franks v. Delaware (1978) 438 U.S. 154, 155-156, 98 S.Ct. 2674, 2676-2677, 57 L.Ed.2d 667, a defendant may challenge the veracity of the affidavit underlying a facially valid search warrant based on official misconduct only upon a substantial preliminary showing the affiant has made false statements and the affidavit's remaining contentions are insufficient to justify a finding of probable cause.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a defendant who challenges a search warrant based on an affidavit containing omissions from an interview with Seihoon have to prove that they omitted something from the affidavit? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Can a search warrant affidavit support the veracity of statements in the affidavit by an Affiant whose credibility is being challenged? (California, United States of America)
In support of a search warrant for the permanent residence of a convicted drug dealer, how have the courts interpreted the affidavit supporting the search warrant? (California, United States of America)
Can a defendant challenge the veracity of an affidavit that supports a search warrant? (California, United States of America)
Can a defendant challenge the veracity of an affidavit of probable cause made in support of a search warrant? (California, United States of America)
Does a search warrant affidavit that supports the veracity of an affidavit need to be examined in order to support a third party culpability defense? (California, United States of America)
If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant? (California, United States of America)
Can a criminal defendant challenge the truthfulness of factual statements made in an affidavit supporting a search warrant? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
