What is the effect of attacks on the truthfulness of search warrant affidavits?

California, United States of America


The following excerpt is from Theodor v. Superior Court, Orange County, 21 Cal.App.3d 474, 98 Cal.Rptr. 486 (Cal. App. 1971):

Thus the threat posited as the justification for allowing attacks on the truthfulness of search warrant affidavits is seen as largely eliminated by the available sanctions for perjury. 'To render him liable to the possible sanction of perjury is the very purpose of requiring the affiant to take the oath.' (Dawson v. State, 11 Md. App. 694, 276 A.2d 680, 691.)

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