Franks v. Delaware

Franks v. Delaware

Infobox SCOTUS case
Litigants = Franks v. Delaware
ArgueDate = February 27
ArgueYear = 1978
DecideDate = June 26
DecideYear = 1978
FullName = Franks v. Delaware
USVol = 438
USPage = 154
Citation =
Prior =
Subsequent =
Holding = 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.
SCOTUS = 1975-1981
Majority = Blackmun
JoinMajority = Brennan, Stewart, White, Marshall, Powell, Stevens
Dissent = Rehnquist
JoinDissent = Burger
Dissent2 =
JoinDissent2 =
LawsApplied = 4th Amendment of the US Constitution

"Franks v. Delaware", ussc|438|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.

Facts

Opinion

ee also

*List of United States Supreme Court cases, volume 438

Further reading

External link


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