Franks v. Delaware
Citation: 438 U.S. 154 (1978)
Facts
Franks sought to challenge the truthfulness of the affidavit supporting the warrant used to search his home, arguing the affiant had made material false statements. The Delaware courts held that the veracity of warrant affidavits could not be challenged after the warrant was issued.
Issue
May a defendant challenge the truthfulness of the factual statements made in the affidavit supporting a search warrant?
Holding
Yes. The Fourth Amendment permits a defendant to challenge the veracity of a warrant affidavit. If the defendant makes a substantial preliminary showing that the affiant deliberately or recklessly included a false statement material to the probable cause finding, the defendant is entitled to a hearing to challenge the affidavit.
Rule
Franks hearing: To challenge a warrant affidavit, the defendant must:
- Make a substantial preliminary showing that a false statement was included in the affidavit knowingly and intentionally, or with reckless disregard for the truth, AND
- The false statement was necessary to the finding of probable cause (i.e., the remaining true content was insufficient for probable cause)
If both showings are made, defendant is entitled to a hearing. If at the hearing the allegation of perjury or reckless disregard is established by a preponderance, and the remaining content does not establish probable cause, the warrant is void and the fruits suppressed.
Significance
- Provides a constitutional mechanism to challenge warrant affidavits — overruled absolute sanctity of warrant affidavits
- Requires both bad faith by the affiant AND materiality of the false statement
- Honest mistakes by police do not trigger Franks — deliberate or reckless falsity is required
- Reckless disregard is easier to show than deliberate falsehood; courts apply an objective test for recklessness