Legal Definitions - Franks hearing

A Franks hearing is a specific type of court proceeding where a defendant challenges the validity of a search warrant. This hearing is held if the defendant believes that the police officer who applied for the warrant intentionally or recklessly included false information in the sworn statement (known as an affidavit) presented to the judge. If the court determines that the officer did indeed make such false statements, and those statements were essential for the judge to decide to issue the warrant, then any evidence found during the search might be excluded from being used against the defendant in court.

Here are some examples illustrating how a Franks hearing might apply:

• Imagine a police officer applies for a search warrant for a suspect's home, stating in the affidavit that a reliable confidential informant personally witnessed illegal firearms being stored inside the residence. Based on this, a judge issues the warrant, and officers find several unregistered weapons. However, the defense attorney later discovers compelling evidence, such as a sworn statement from the alleged informant denying ever being inside the suspect's home or seeing any firearms. The defense could then request a Franks hearing to argue that the officer knowingly or recklessly fabricated the informant's statement to obtain the warrant. If successful, the seized firearms might be inadmissible as evidence.

• Consider a case where an officer seeks a warrant to search a business for stolen merchandise. In the affidavit, the officer claims to have reviewed security footage from a nearby store that clearly shows the defendant loading boxes of stolen goods into a van parked outside the business in question. A warrant is issued, and stolen items are recovered. Later, the defense obtains the actual security footage and finds that it is too blurry to identify anyone, or perhaps shows a completely different vehicle and person. The defense could then petition for a Franks hearing, asserting that the officer deliberately misrepresented the contents of the video footage to secure the search warrant. If the court agrees, the evidence found during the search could be suppressed.

• Suppose an officer applies for a warrant to search a suspect's computer for evidence of online fraud. The affidavit states that a preliminary forensic analysis by a police expert confirmed that specific fraudulent emails originated from the suspect's IP address. A warrant is granted, and incriminating digital files are found. The defense then presents testimony from an independent cybersecurity expert who demonstrates that the police's initial forensic analysis was fundamentally flawed or that the officer's claims about its findings were knowingly exaggerated or false. This situation would warrant a Franks hearing to determine if the officer's affidavit contained deliberate falsehoods crucial to the warrant's issuance. If the court finds in favor of the defense, the digital evidence might be excluded.