If not, the search warrant must be voided and the fruits of the search excluded. I agree with the Franks decision, and with this Court's decision in Mosley, that to mandate an evidentiary hearing, the challenger's attack must be based on more than conclusory statements made by counsel, but instead must take the form of an affidavit or some other reliable form of proof. I concur with the majority's decision to affirm the District Court for two reasons. First, defendant's attack on the State's search warrant in this case was not supported by affidavits or other reliable information, but merely by counsel's conclusory statements. Second, even if all the statements and the application were excised, except the statement that the State's informant had seen a plastic bag of marijuana being stored in a lamp stand in the living room, there was still sufficient probable cause to issue the search warrant.
Defendant disputes that the plastic bag of marijuana was stored in a lamp stand.
She contends it was actually stored in an end table. However, to the extent that the distinction between a lamp stand and an end table is a factual inaccuracy, it did not go to the integrity of the affidavit and was of peripheral relevance to the showing of probable cause. Therefore, while I decline to follow lock-step with the U.S. Supreme Court's erosion of Fourth Amendment rights in Franks, I concur with the majority's decision to affirm the District Court.