Franks v. Delaware
1978 United States Supreme Court case
Summary
Franks v. Delaware, 438 U.S. 154 (1978), is a United States Supreme Court case dealing with defendants' rights to challenge evidence collected on the basis of a warrant granted on the basis of a false statement. The court held that where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.
Originally created by SirOlgen
12/4/2024, 12:36:54 AM
Modified
12/4/2024, 12:36:54 AM
Recent revisions
The term "Franks Violation" refers to questionable warrant affidavit information as outlined in the US Supreme Court's Franks v. Delaware opinion