Can a criminal defendant challenge the truthfulness of factual statements made in an affidavit supporting a search warrant?

A criminal defendant may challenge the truthfulness of factual statements made in an affidavit supporting a search warrant. (Franks v. Delaware (1978) 438 U.S. 154, 155 (Franks).) Under the Fourth Amendment to the United States Constitution, when a defendant makes a substantial preliminary showing that the affidavit contains intentionally or recklessly false statements, the warrant is reexamined for probable cause with the alleged false statements excised. (Id. pp. 171-172.) If the false statements are deemed materialmeaning they are necessary to the probable cause findingthe Fourth Amendment entitles the defendant to an evidentiary hearing to establish perjury or

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