Can a criminal defendant challenge the truthfulness of factual statements 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 reckless falsehood. (Id. at pp. 169, 171-172.) If the defendant prevails at that hearing, the search warrant is voided and the fruits of the search suppressed. (Id. at pp. 155-156.)

If a warrant is challenged based on omissions from the supporting affidavit, the defendant bears the burden of showing the omissions were material to the probable cause determination. (People v. Bradford (1997) 15 Cal.4th 1229, 1297.) " '[M]ateriality is

Page 12

evaluated by the test of Illinois v. Gates (1983) 462 U.S. 213, ... which looks to the totality of the circumstances in determining whether a warrant affidavit establishes good cause for a search.' " (Ibid.)