What is the basis for a defendant's claim that a search warrant was not supported by probable cause?
California, United States of America
The following excerpt is from People v. Novak, C082099 (Cal. App. 2018):
Defendant contends the search warrant was not supported by probable cause. In addition, he argues, the warrant affidavit contained material omissions and misrepresentations, and the trial court erred in not holding an evidentiary hearing pursuant to Franks v. Delaware (1978) 438 U.S. 154, 155-156 [57 L.Ed.2d 667, 668, 669] (Franks). We reject defendant's contentions.
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