What Is a Franks Motion and How Does It Work?

Question from Stillzx, What Is a Franks Motion and How Does It Work?

Answer from AI:

When your attorney mentions filing a Franks motion, it refers to a specific legal procedure aimed at challenging the validity of a search warrant. This challenge is based on the assertion that the affidavit (a written statement confirmed by oath or affirmation, for use as evidence in court) used to obtain the search warrant contains false statements or omissions made knowingly, intentionally, or with reckless disregard for the truth. Understanding the basics of a Franks motion, its requirements, and its implications can help clarify the process and what it entails for your case.

Understanding the Franks Motion

A Franks motion is derived from a landmark Supreme Court case, Franks v. Delaware, 438 U.S. 154 (1978). This case established that a defendant has the right to challenge the validity of a search warrant affidavit if they can make a substantial preliminary showing that:

1. A false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant (the person who wrote the affidavit).
2. The false statement was necessary to the finding of probable cause.

Requirements and Process

To proceed with a Franks motion, your attorney must demonstrate that there’s a strong indication of misleading information or significant omissions in the affidavit. If the court finds the preliminary showing sufficient, it will grant a hearing (known as a Franks hearing). During this hearing, the burden shifts to you and your attorney to prove the allegations of perjury or reckless disregard for the truth.

Key Points in a Franks Motion:

• Evidence Presentation: The defense must present evidence showing that false statements or omissions were made. This could involve witness testimony, documents, or other relevant evidence.
• Prosecution’s Burden: If the defense successfully demonstrates falsehood or reckless disregard, the prosecution must then justify the warrant’s issuance without relying on the contested statements.
• Outcome: If the court finds the warrant was issued based on false or misleading information, evidence obtained through the search may be suppressed, meaning it can’t be used against you in court.

Regarding Controlled Buys

In your situation, the affidavit claims that controlled buys were made from you, which you dispute. A controlled buy typically involves law enforcement overseeing a transaction of illegal drugs to gather evidence against a suspect. If your attorney files a Franks motion, the focus will be on challenging the truthfulness of the claim regarding these controlled buys.

Do They Have to Prove the Controlled Buy? Yes, if your attorney successfully makes a preliminary showing that the affidavit’s claims about controlled buys are false or made with reckless disregard for the truth, the prosecution may need to provide evidence supporting the validity of those claims during the Franks hearing.

Next Steps and Considerations

• Consult with your attorney about gathering evidence and preparing for the possibility of a Franks hearing.
• Understand that the success of a Franks motion heavily depends on the ability to demonstrate the affidavit’s inaccuracies or falsehoods.
• Remember, the outcome of a Franks motion can significantly impact your case, particularly regarding the admissibility of evidence obtained through the search warrant.

Legal Advice: This explanation provides a general overview of the Franks motion and its implications. However, legal strategies and outcomes can vary greatly depending on the specifics of your case. It’s crucial to work closely with your attorney, who can provide advice tailored to your situation and navigate the complexities of your defense.

For more detailed information on the Franks motion and its legal background, you can refer to the Supreme Court’s decision in Franks v. Delaware. Always consult with a legal professional for personalized advice and representation.