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Source Demand Letter Delaware Bar Exam Topic Index Showing the closest available flashcard practice.

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A warrant affidavit says an informant bought fentanyl from Luis yesterday. It omits that the informant was paid, had pending felony charges, and had twice given false information to the same officer. Without the informant's statement, the affidavit contains only Luis's address and criminal history.
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A Franks challenge succeeds whenever the omitted fact would have helped the defense at trial. Omissions are irrelevant because Franks applies only to facts that appear on the face of the affidavit. A defendant can obtain relief if the affidavit contained a knowingly or recklessly false material statement, or a material reckless omission, necessary to probable cause. A false statement requires suppression only if the defendant proves the entire affidavit was written in bad faith.

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