Franks v. Delaware
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| Franks v. Delaware | |||||
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| Argued February 27, 1978 Decided June 26, 1978 |
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| 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 | |||||
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| 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]
Opinion
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See also
Further reading
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References
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
External links
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