Does a defendant have the right to attack the truthfulness of the documents in support of a search and seizure warrant?

California, United States of America


The following excerpt is from Theodor v. Superior Court, Orange County, 21 Cal.App.3d 474, 98 Cal.Rptr. 486 (Cal. App. 1971):

Moreover, one of the potential benefits to be derived from allowing a defendant to attack the truthfulness of the matters asserted in support of a warrant is the preservation of the integrity of search and seizure procedures--to insure that the judiciary does not give its unreviewable imprimatur to perjured or grossly inaccurate information. (See People v. Bak, supra, Ill.2d 140, 258 N.E.2d 341, 345, cert. den. 400 U.S. 882, 91 S.Ct. 117, 27 L.Ed.2d 121 (Ward, J., dissenting).)

The view denying the right to such a veracity attack is perhaps best represented by People v. Bak, supra, 45 Ill.2d 140, 258 N.E.2d 341, cert. den. 400 U.S. 882, 91 S.Ct. 117, 27 L.Ed.2d 121:

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