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RESEARCH
Officers obtained a search warrant to search the defendant’s premises for clothing worn during a rape. The defendant claimed the affidavit for the search warrant contained untrue statements. He moved to suppress the search warrant based on the untruthfulness of the affidavit.
Whether the defendant is entitled to a hearing when he makes specific allegations of recklessly used material false statements in an affidavit upon which a search warrant was issued?
Yes. The defendant is entitled to challenge the affidavit upon which a search warrant has been issued.
“Where the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant’s request. . .”
438 U.S. 154, 98 S. Ct. 2674 (1978)
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