In State v. Desir, the New Jersey Supreme Court reviewed an order from the Law Division denying a criminal defendant’s motion to compel discovery. The defendant sought the discovery to further his argument in support of a Franks hearing. The lower court had issued a search warrant for his home based on uncharged conduct involving a confidential informant, and the defendant wanted discovery related to that uncharged conduct, but the trial court denied the request and eventually denied the motion to suppress. In cases involving confidential sources where the defendant seeks a Franks hearing, if the defendant requests relevant discovery, the request should be granted if the “defendant describes with reasonable particularity the information sought in discovery, sustained by a plausible justification casting a reasonable doubt on the truthfulness of statements made in the affidavit.”
