Section 9.45 Review of Warranted Searches

• Library: Criminal Practice 2012 Supp

3. (§9.45) Review of Warranted Searches

Seeking suppression based on a challenge to a search conducted pursuant to a warrant raises unique issues. When a warrant is attacked on the ground that the affiant provided false information, it will be deemed invalid only if the defendant establishes that the affiant intentionally, knowingly, or recklessly included the false statement and that the remaining affidavit is insufficient to establish probable cause. Franks v. Del., 438 U.S. 154 (1978); State v. Hawkins, 760 S.W.2d 926 (Mo. App. W.D. 1988). The defendant must make a “substantial preliminary showing” under Franks, State v. Miller, 815 S.W.2d 28, 33 (Mo. App. E.D. 1991), and bears the burden of setting forth specific allegations and an offer of proof showing what portions of the affidavit are claimed to be false and the basis for that claim. State v. Laws, 801 S.W.2d 68, 71 (Mo. banc...