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Franks v. Delaware

United States Supreme Court
438 U.S. 154 (1978)



Franks (defendant) was charged with assault and made a statement to a police officer that led to him coming under suspicion for a second assault. An affidavit in support of a warrant to search Franks’ apartment contained a statement that a police officer had personally contacted Franks’ employers and that the employers had described his typical clothing. Franks filed a motion to suppress the evidence obtained through the warrant and requested that he be allowed to call for testimony his employers and the officer who issued the affidavit in support of the warrant. The prosecution argued that state statute limited court review to the sufficiency of the affidavit and afforded no right for the defendant to question the veracity of the affidavit. The trial court sustained the prosecution’s argument and the state supreme court affirmed on appeal. Franks petitioned the United States Supreme Court for review.

Rule of Law


Holding and Reasoning (Blackmun, J.)

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