Legal Definitions - Franks hearing

A Franks hearing is a legal proceeding that determines whether a police officer's affidavit used to obtain a search warrant that yields incriminating evidence was based on false statements by the police officer. This hearing is named after the landmark case Franks v. Delaware, which established the legal standard for challenging the validity of a search warrant.

For example, if a police officer provides false information in an affidavit to obtain a search warrant, and the search results in the discovery of incriminating evidence, a Franks hearing may be held to determine whether the warrant was obtained lawfully. If the court finds that the officer provided false information, the evidence obtained from the search may be suppressed and excluded from the trial.

Franks hearings are important because they protect individuals from unlawful searches and seizures by law enforcement. They ensure that police officers are held accountable for providing truthful information in search warrant affidavits and prevent them from using false information to obtain evidence against individuals.