Brief Bank II: indexed by issue

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Fourth Amendment - Franks [ 17 ]

COLIN VOSS’ SUPPLEMENTAL POINTS AND AUTHORITIES IN SUPPORT OF MOTION

TO SUPPRESS EVIDENCE; REQUEST FOR FRANKS HEARING; DECLARATION … IN

SUPPORT

Under Franks, if a defendant makes a substantial preliminary showing that a false

statement knowingly and intentionally, or with reckless disregard for the truth, was

included by a police officer in his application for a search warrant, and also establishes

that the allegedly false statement was necessary to the court's finding of probable cause,

the defendant is entitled to a hearing on the validity of the warrant. Franks, 438 U.S. at

by Perez, Shawn

U.S. v. John Doe C.D.Cal ED CR ( 2003 )

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