What is the test for alleging that a false statement was included in an affidavit supporting an arrest warrant?
MultiRegion, United States of America
The following excerpt is from United States v. Fowlkes, 770 F.3d 748 (9th Cir. 2014):
6. [W]here 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. Franks v. Delaware, 438 U.S. 154, 15556, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978).
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