What is a franks hearing?

A Franks hearing is a type of court proceeding where a defendant challenges the validity of a search warrant used to obtain evidence against them. This type of hearing is typically held in criminal cases where the defendant believes that the evidence was unlawfully obtained through false or misleading information provided in the warrant application.

During a Franks hearing, the defendant has the opportunity to present evidence and arguments to the court to demonstrate that the information in the search warrant application was knowingly false or misleading, and that the warrant would not have been issued without that false information. If the defendant can prove this, the court may suppress the evidence obtained through the search warrant, which could significantly impact the outcome of the case.

Franks hearings are named after the landmark Supreme Court case Franks v. Delaware, which established the right for defendants to challenge the validity of search warrants. These hearings are not common in criminal cases, but can be a crucial legal tool for defendants facing serious charges based on evidence obtained through questionable search warrants.