If you’ve been arrested for a crime and the arrest was based on evidence collected through a search warrant, it’s crucial to know your rights. You may question the validity of the warrant, especially if you believe that the police used false information to obtain it.
It’s important to know that it is indeed possible to challenge a search warrant based on incorrect information, and a skilled criminal defense attorney can guide you through this process. Contact Chambers Law Firm at 714-760-4088 now for a free legal consultation.
When and How Are Search Warrants Issued?
Both California law and the US Constitution stipulate that a search warrant can only be issued if there’s a reasonable cause or suspicion of criminal behavior. A law enforcement officer or prosecutor will apply for a search warrant and provide either a written or oral affidavit to the judge. This affidavit is a summary of facts that substantiates their belief of probable cause.
Challenging a Search Warrant with a Franks Motion
If a person believes the affidavit used to support a search warrant contains incorrect information, they can contest it. A legal document called a Franks motion, named after the U.S. Supreme Court case Franks v. Delaware, is used for this purpose. Your criminal defense attorney will present arguments in the Franks motion detailing why the search warrant should be nullified.
This can be done by claiming that the affidavit includes incorrect representations, misstatements of facts, or misleading information. Alternatively, your attorney could argue that essential facts were omitted from the affidavit, which, if included, could have resulted in the judge denying the warrant.
What Happens After Filing a Franks Motion?
If the court finds the arguments in your Franks motion convincing, a Franks hearing will be scheduled. In this closed-door hearing, both sides will present evidence to either support or refute the warrant. The individual who provided the affidavit may also be cross-examined by the judge. If the judge sides with your defense, the Franks motion will be granted, leading to suppression (or “throwing out”) of part or all of the evidence collected through the warrant.
In criminal trials, numerous legal challenges can be made. Law firms like Chambers Law Firm, specialize in reviewing the details of a case as per California law and passionately advocate for their clients’ rights. To learn more or schedule a consultation with our law office, reach them at 714-760-4088.
