Franks v. Delaware

Franks v. Delaware

Argued February 27, 1978
Decided June 26, 1978
Full case name Franks v. Delaware
Citations

438 U.S. 154 (more)

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.
Court membership
Chief Justice
Warren E. Burger
Case opinions
Majority Blackmun, joined by Brennan, Stewart, White, Marshall, Powell, Stevens
Dissent Rehnquist, joined by Burger
Laws applied
4th Amendment of the US Constitution

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.

Facts

On Friday, March 5, 1976, Mrs. Cynthia Bailey told police in Dover, Delaware, that she had been confronted in her home earlier that morning by a man with a knife, and that he had sexually assaulted her. She described her assailant's age, race, height, build, and facial hair, and gave a detailed description of his clothing as consisting of a white thermal undershirt, black pants with a silver or gold buckle, a brown leather three-quarter-length coat, and a dark knit cap that he wore pulled down around his eyes.

That same day, petitioner Franks coincidentally was taken into custody for an assault involving a 15-year-old girl, Brenda, six days earlier. After his formal arrest, and while awaiting a bail hearing in Family Court, petitioner allegedly stated to Robert McClements, the youth officer accompanying him, that he was surprised the bail hearing was "about Brenda B. I know her. I thought you said Bailey. I don't know her."[1]

See also

References

  1. ↑ https://supreme.justia.com/cases/federal/us/438/154/case.html. Missing or empty |title= (help)

External links


This article is issued from Wikipedia - version of the 9/16/2015. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.