What is the test for determining whether a search warrant granted by a federal judge is valid or valid?
California, United States of America
The following excerpt is from People v. Hepner, 21 Cal.App.4th 761, 26 Cal.Rptr.2d 417 (Cal. App. 1994):
3 With counsel's consent, the trial court indicated it would consider the hearing to be pursuant to Franks v. Delaware (1978) 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 "for appellate purposes" in the alternative "assuming arguendo that this search warrant did have probable cause within it...."
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