Search Warrants & Franks Hearings

Rulings about search warrants and the sworn affidavits behind them, including Franks hearings to challenge false statements in a warrant affidavit. Summaries from Criminal Defense Resources™ are general education for pro per/pro se defendants and families, not legal advice.

1 ruling, newest first.

• Franks v. Delaware

  U.S. Supreme Court · June 26, 1978 · 438 U.S. 154 (1978)

  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.

  Search warrants (Franks)Search & seizure