State v. Thompson
Annotate this CaseDefendant entered conditional guilty pleas to three drug-related crimes. Defendant appealed, arguing (1) the information contained in the warrant application to search his home was insufficient to allow a probable cause determination; (2) the court erred in allowing only the State to present evidence at a preliminary hearing that the court considered when denying Defendant’s motion for a Franks hearing; and (3) he made a substantial preliminary showing that entitled him to a Franks hearing. The Supreme Court vacated the judgment, holding (1) the trial court correctly denied that part of Defendant’s motion to suppress challenging probable cause; but (2) the hearing conducted by the trial court must be treated as the beginning of a Franks hearing, and therefore, the court erred by holding a hearing that did not allow Defendant to attempt to meet the burden of production necessary for a full Franks hearing. Remanded for the court to hold a full Franks hearing.
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