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Home / Opinion Digests / Criminal – Affidavit Challenge – ‘Franks’ Hearing – Substantial Showing (access required)

Criminal – Affidavit Challenge – ‘Franks’ Hearing – Substantial Showing (access required)

A defendant facing a weapons charge who said a police officer’s search-warrant affidavit intentionally misled the state judge by omitting from his affidavit facts about the location of the trash the officer searched inside defendant’s fenced backyard, has made the necessary “substantial preliminary showing,” the 4th Circuit says, to require the district court to ...

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