Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

Franks v. Delaware

• 1977 • 438 U.S. 154 • Burger Court
In Franks v. Delaware, the U.S. Supreme Court ruled that a defendant has the right to challenge the veracity of a search warrant affidavit and request an evidentiary hearing (known as a "Franks Hearing") if they can make a substantial preliminary showing that false statements were knowingly or recklessly included in the affidavit by law enforcement, and if those false statements were necessary for finding probable cause. The case involved petitioner Larry Franks who was convicted of rape based...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Burger Court
Term: 1977
Docket: 77-5176
438 U.S. 154
98 S. Ct. 2674
57 L. Ed. 2d 667
1978 U.S. LEXIS 127
Argued: Feb 27, 1978

Franks v. Delaware

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

In Franks v. Delaware, the U.S. Supreme Court ruled that a defendant has the right to challenge the veracity of a search warrant affidavit and request an evidentiary hearing (known as a "Franks Hearing") if they can make a substantial preliminary showing that false statements were knowingly or recklessly included in the affidavit by law enforcement, and if those false statements were necessary for finding probable cause. The case involved petitioner Larry Franks who was convicted of rape based on evidence obtained through such an allegedly flawed warrant. In its 7-2 decision, the court held that under Fourth Amendment protections against unreasonable searches and seizures, convictions cannot be based on evidence from warrants issued on deliberately or recklessly falsified affidavits.

Dissent Summary
AI Abstract

In the dissenting opinion for Franks v. Delaware, Justice Blackmun argued that the majority's decision to allow defendants to challenge search warrants based on false statements made by police officers in their affidavits was a departure from established precedent. He expressed concern about the potential impact of this ruling on law enforcement, suggesting it could lead to an increase in litigation and hinder police work. Furthermore, he questioned whether such challenges would be effective at deterring perjury by law enforcement officials or improving accuracy in warrant applications. Instead, he suggested that other remedies like professional discipline or criminal prosecution might be more appropriate for addressing these issues.

Opinion written by Justice HABlackmun
Decided: Jun 26, 1978
PDF viewer is not available.
Oral Transcript
Argued: Oct 05, 2026
Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms