General educational information, not legal advice. Not a law firm.

Franks v. Delaware

A plain-English summary from Criminal Defense Resources™, a free resource for pro per/pro se defendants and their families.

General educational information, not legal advice. Not a law firm. This page describes what a court decided in general terms. It does not tell you what to do in any case.
Court
U.S. Supreme Court
Decided
Citation
438 U.S. 154 (1978)
Topics
Search Warrants & Franks HearingsSearch & Seizure (Fourth Amendment)

What did the court decide?

The U.S. Supreme Court held that a defendant may challenge the truth of statements in a search warrant affidavit. If the defendant makes a substantial preliminary showing that the officer who swore to the affidavit included a false statement knowingly and intentionally, or with reckless disregard for the truth, and the statement was necessary to the finding of probable cause, the court must hold a hearing. If the defendant proves this at the hearing and the rest of the affidavit does not establish probable cause, the warrant is voided and the evidence from the search is excluded.

Why does it matter?

This is where the term "Franks hearing" comes from. Honest mistakes or simple negligence are not enough, and the request must point to the specific false statements and offer support for the claim; general complaints that an affidavit is wrong usually do not get a hearing.

Where can I read the full opinion?

Read the full opinion on Cornell Law School LII →

Always read the full opinion and check whether later cases have limited or changed it. A summary can leave out important details.

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General educational information, not legal advice. Not a law firm.

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