Tuesday, January 26, 2010

Franks v. Delaware, 438 U.S. 154 (1978)

This case lays the foundation for courts in determining the validity of an affidavit in support of a search warrant. In effect, the Court ruled that the defendant must establish the requisite substantial preliminary showing that the search warrant affidavit contains deliberately false or recklessly false statements or omissions required in support of probable cause.

No comments: