A defendant may challenge the truthfulness of factual statements made in a search warrant application if the defendant first makes a substantial preliminary showing that false information was included in the search warrant application. To make the required substantial preliminary showing, the defendant must provide more than mere conclusory statements. If the defendant makes the showing, then a hearing must be held at the defendant's request. State v. Tucker, 2008 MT 273, ¶ 35, 345 Mont. 237, 190 P.3d 1080 (citing Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674 (1978)).
The defendant must prove by a preponderance of the evidence that the statement was false. State v. Clifford, 2005 MT 219, ¶ 58, 328 Mont. 300, 121 P.3d 489.