California, United States of America
The following excerpt is from People v. Panah, 107 P.3d 790, 25 Cal.Rptr.3d 672, 35 Cal.4th 395 (Cal. 2005):
The trial court's ruling was correct in the context of defendant's Franks motion. Other than speculating Seihoon may have said something to the police that they omitted from the affidavit, defendant failed to establish the relevance of the content of Seihoon's interview vis--vis his Franks claim. (People v. Bradford, supra, 15 Cal.4th at p. 1297, 65 Cal.Rptr.2d 145, 939 P.2d 259 ["A defendant who challenges a search warrant based upon an affidavit containing omissions bears the burden of showing that the omissions were material to the determination of probable cause"].) It was therefore properly excluded.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.