When will a motion to dismiss an arrest warrant be heard?

California, United States of America


The following excerpt is from People v. Earwood, C076247 (Cal. App. 2015):

Since the warrant was supported by probable cause and the motion was properly denied, we need not address defendant's contention that the good faith exception to the exclusionary rule (United States v. Leon (1984) 468 U.S. 897 [82 L.Ed.2d 677]) did not apply.

Finally, defendant contends that we should remand the case for hearing pursuant to Franks v. Delaware (1978) 438 U.S. 154 [57 L.Ed.2d 667] (Franks) to challenge the veracity of the informants' statements based on the fact that the sealed portion of the affidavit does not support probable cause and contains material misstatements.

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