Under what circumstances can an accused make a preliminary showing of false statements in a search warrant affidavit?
MultiRegion, United States of America
The following excerpt is from Moncada v. Allison, No. 2:10-CV-3285 JAM GGH P (E.D. Cal. 2011):
under Franks v. Delaware, 438 U.S. 154, 170 (1978) (accused retains right to make legitimate attacks on validity of government's search warrant affidavits by making a preliminary showing that false statements were made in said affidavits and that false statements were made with knowing disregard for the truth).
"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 search warrant be used to search a vehicle and a house in what circumstances was the search warrant issued? (MultiRegion, United States of America)
Can a defendant in a criminal case obtain an evidentiary hearing by making a substantial showing that a police officer included a false statement in a search warrant affidavit? (MultiRegion, United States of America)
What is the test for making a substantial preliminary showing that a false statement was included in the warrant affidavit? (MultiRegion, United States of America)
What is the test for obtaining a search warrant under a warrant for search warrants where the affidavit contains misrepresentations or omissions? (MultiRegion, United States of America)
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
In what circumstances will a court grant qualified immunity to a defendant who admitted making a false statement in a search warrant application? (MultiRegion, United States of America)
What is the test for intentionally or recklessly making false statements or omissions in a search warrant affidavit? (MultiRegion, United States of America)
What is the test for a search warrant to search a marijuana grow operation under warrant affidavit? (MultiRegion, United States of America)
Does a search warrant that incorporated by reference a supporting affidavit constitute a valid search warrant? (MultiRegion, United States of America)
