What is a “Franks Motion” and Hearing?

A Franks Motion is a legal tool used in criminal defense to challenge a search warrant's validity. Prosecutors use the evidence collected from searches to build a case against you. The motion allows you to argue that a judge issued the warrant based on misleading or false information.

A Franks Motion involves a hearing where the defense presents evidence to show that the affidavit supporting the warrant was flawed. When pursuing a Franks Motion, you must prove that a law enforcement officer made false statements deliberately.. A successful Franks motion can lead to the suppression of evidence obtained through that warrant.

Removing this evidence can weaken the prosecutor's case and increase your chances of avoiding a conviction. Seeking the guidance of a skilled attorney is critical when pursuing a Franks motion. Your lawyer will help you understand the procedural requirements for filing and litigating a Franks Motion.

An Overview of Franks Motion and Hearing

The legal foundation of a Franks motion stems from the landmark U.S. Supreme Court case Franks v. Delaware, 438 U.S. 154 (1978). In this case, the Court held that a defendant could challenge the validity of a search warrant.

However, they must show that the affidavit supporting the warrant contained false statements or omissions. Additionally, a defendant must present evidence to show that the false or misleading statements were made knowingly or recklessly.

The Fourth Amendment grounded the ruling, which protects against unreasonable searches and seizures. The court emphasized that the integrity of the probable cause determination must be based on accurate information. California, among other states, has adopted the principle.

A Franks’ Motion applies only in criminal cases where officers used a search warrant to gather evidence. The Franks motion is inappropriate if officers did not need a warrant to obtain the evidence for your case. In such cases, you can use other motions to challenge the validity of the evidence obtained.

The Franks Motion Process

You can explore Franks motion as a defense mechanism in your criminal case. You must file a motion to traverse the warrant to initiate a Franks challenge. The motion applies if you suspect law enforcement obtained a search warrant based on misleading or deceptive information.

You cannot base a Franks motion solely on allegations of a flawed affidavit. Instead, you must prove that it contains false statements or material omissions made deliberately. Filing this motion is the first step to invalidate the warrant and suppress any evidence obtained. The motion to traverse a warrant must fulfill the following key requirements:

Identify Specific False Statements or Omissions in the Affidavit

You cannot make vague or generalized claims of inaccuracy. Instead, the motion must pinpoint the alleged false statements within the search warrant affidavit. These could include:

• Fabricated facts

• Inaccurate witness information

• Misrepresented surveillance details

• Omitted facts that would have altered the judge’s finding of probable cause.

The specificity is necessary to motions that question police motives rather than address legitimate constitutional violations. The affidavit is a sworn statement law enforcement uses to justify a search or seizure. Therefore, its integrity is paramount.

Provide Affidavits or Other Evidence Supporting the Claim

You must support Franks motion using affidavits, declarations, or other competent evidence that substantiates your claims. Asserting that the affiant lied or omitted information is not enough. The motion should include statements from verifiable sources that assert that the affiant knowingly or recklessly made false statements. The supporting evidence must go beyond speculation or hearsay.

The requirement for affidavits ensures the motion is based on more than mere suspicions. For example, you might provide an affidavit from a witness who directly contradicts a key claim in the warrant affidavit. Alternatively, you can present a document that disproves the timeline cited in the affidavit.

Prove the Reliability of Informants

Another legal basis for filing a Franks motion is challenging the reliability of an informant. If an officer relies on an informant to obtain a warrant, you can question their reliability. Under California law, police officers must prove the reliability of a confidential informant.

If the affidavit does not establish the informant’s credibility or reliability, you can argue that the affidavit is questionable. A Franks motion can challenge the affiant’s assertion of the informant’s reliability. However, you can assert this if the affiant misrepresented the informant's history or veracity.

Demonstrate that, Absent the False Information, the Remaining Affidavit Lacks Probable Cause

Proving the falsehoods or omissions in an affidavit is insufficient for a successful Franks motion. You must show that the false information contributed to the warrant issuance. Additionally, you must prove that the remaining evidence cannot establish probable cause after removing the false statements.

The additional step is critical since not all errors in an affidavit will invalidate a search warrant. Some mistakes are harmless if the rest of the affidavit justifies the search.

Preliminary Burden and Court Evaluation for a Franks Motion

In the preliminary stage, the burden of proof falls on the defendant. You must successfully show that the affidavit contains intentionally or recklessly false information. The court will grant a Franks hearing if the showing is sufficient.

Legal Standards for the Motion

When reviewing a “Franks motion”, courts apply strict legal standards. The allegations made by the defendant must surpass speculations. You must present specific and credible evidence to back your claim.

Simple negligence or honest mistakes by law enforcement do not meet the legal threshold for a Franks hearing. The mental state of the officer is central. Therefore, you must prove that the inaccuracies in the affidavit were made intentionally.

Showing that the officer was mistaken or careless is insufficient to proceed to a hearing. Courts avoid interfering with valid law enforcement actions unless there is a strong evidentiary basis for misconduct.

The Franks Hearing

A “Franks hearing” is a formal court proceeding where evidence is presented, and witnesses may be examined. It allows you to challenge the truthfulness and integrity of the affidavit that supported the search warrant. If the court grants the motion based on the initial filings, the hearing is your opportunity to build on that foundation.

During this hearing, you can:

• Present documentary evidence. The evidence will help you show that the statements or omissions in the affidavit were false and material.

• Cross-examine the affiant. The affiant is often the law enforcement officer who swore to the affidavit. Cross-examining them allows you to probe their credibility, motivations, and factual accuracy.

• Subpoena witnesses. You can call upon witnesses to provide relevant testimony to the truthfulness or falsity of the affidavit’s content.

A judge and not the jury oversee the Franks hearing. The judge will assess whether the falsehoods or omissions were material to the issuance of the search warrant. Additionally, they will determine whether the affiant acted with the necessary mental state.

Appealing the Franks Motion

Yes, you can appeal a Franks motion denial after your criminal conviction. During your appeal, you can argue that the court denied you a Franks Hearing or made a legal error in evaluating the evidence. After filing your appeal, the appellate court will review whether you made a sufficient preliminary showing.

Additionally, they will ensure that the court applies the correct legal standard. You must show that denying the motion affected the trial's outcome for a successful appeal.

Frequency of Franks Hearings in California

Franks hearings are challenging to obtain. This results from the high legal standard for granting one. Courts require a compelling preliminary showing of intent in the affidavit to get the search warrant. Defense attorneys must present affidavits that contradict statements made by law enforcement.

Even when the court grants a hearing, success is not guaranteed. Judges often give law enforcement officers the benefit of the doubt unless they present clear and compelling evidence. However, the resulting suppression of evidence is case-altering if you successfully prove misconduct.

Legal Standards at the Franks Hearing

The burden of proof remains with the defendant at the hearing. The standard of proof required for the Franks hearing is by a preponderance of the evidence. You must show that it is more likely than not that:

• The affidavit contained material omissions or false statements.

• The affiant made the errors intentionally or recklessly

• The false information was material to the probable cause determination

The court may suppress the evidence obtained from the search warrant if the judge concludes that you have met this burden. The prosecution would no longer use that evidence at trial in this case.

However, the evidence is still admissible if the remaining portions of the affidavit can establish probable cause. The core test is whether the misleading information significantly impacted the magistrate’s decision to issue the warrant.

Consequences of a Successful Franks Hearing

Your Franks hearing is successful when you prove law enforcement lied or was reckless. It includes false statements or key omissions in a search warrant affidavit. A successful motion and hearing can have significant legal consequences, including the following:

Suppression of Evidence

The most impactful consequence of a Franks hearing is a suppression of the evidence obtained through the invalidated search warrant. As a result, the court excludes any evidence gathered during the resulting search. If the court finds that the remaining evidence lacks probable cause, the warrant becomes invalid.

Weakening or Dismissal of Charges

Sometimes, the evidence from a search warrant forms a key part of the prosecutor's case. Suppressing evidence from a successful franks hearing can weaken the case. Without the evidence, prosecutors may not meet the burden of proof required for a conviction. In severe cases, especially those involving drugs or weapons, dismissing evidence from a search can result in a case dismissal.

Law Enforcement Accountability

A successful “Franks hearing” highlights misconduct or negligence by law enforcement officers. It can result in internal investigations or disciplinary actions. It may also affect the credibility of the officer involved in future cases. Defense attorneys in these cases could challenge the reliability of that officer's testimony or affidavits.

Strategic Considerations for Defense Attorneys when Filing a Franks Motion

When filing a Franks motion, your defense attorney will evaluate different factors. These factors will help determine the impact of challenging the affidavit's validity. They include:

Review the Affidavit

The first step for defense attorneys is to examine the affidavit that supports the search warrant. The document should not have inconsistencies, inaccuracies, or omissions. Flaws in the affidavit could undermine its validity.

A thorough review involves checking for false statements or omissions that provide a false justification for the search. These inconsistencies are grounds for challenging the sufficiency of the affidavit.

Gather Supporting Evidence

Your attorney will collect supporting documentation to substantiate allegations of misstatements in the affidavit. Documents, witness statements, and affidavits strengthen the defense's claim that the affidavit was false or misleading. The strength of this evidence can significantly influence the success of a “Franks motion”.

Assess the Motions Impact

Defense lawyers should consider the implications of a Franks motion before submitting it. This necessitates determining whether challenging the affidavit would result in the suppression of substantial evidence. Suppression of evidence is a key legal strategy that could weaken the prosecution's case. However, you must consider whether the plan fits the broader defense goals.

Prepare for the Prosecutor’s Response

A defense attorney should adequately prepare for the proscutiors response in the Franks motion and hearing. In California, prosecutors often oppose Franks motions by arguing:

• The defense has not made a substantial preliminary showing.

• The alleged misstatements were the result of negligence, not malice or recklessness.

• The misstatements or omissions were not material, and the probable cause still exists.

Prosecutors may also submit counter-evidence or call witnesses to defend their integrity

Frequently Asked Questions on the “Franks Motion” and Hearing

The evidence collected from searches and seizures is often critical in a criminal case. Unfortunately, some of these searches are unlawful due to invalid search warrants. A “Franks motion” can help you challenge the search warrant and eliminate the evidence from your case. However, filing for this motion and navigating a hearing is complex. The following are frequently asked questions on the “Franks Motion” and Hearing:

Who has the burden of proof during a Franks Hearing?

The defendant has the initial burden of proof at the Franks hearing. If you file the motion, you must show that the affiant included false statements or omitted crucial facts in the search warrant affidavit. The defense must also present specific allegations backed by affidavits or other reliable evidence.

General claims or speculation cannot support a “Franks motion”. The court will hold a hearing to decide if your evidence is adequate. The defendant bears the burden of proof in a Franks hearing. However, the prosecution might argue that even in the absence of the misleading information, probable cause still exists.

What types of evidence are used to support “Franks Motion”?

The defense must present evidence that directly challenges the truthfulness of the affidavit to obtain the search warrant. Common types of evidence used to support the Franks Motion include:

• Affidavits from witnesses who contradict the officer’s statements

• Expert witness testimony

• Documents like phone records, logs

• Video and audio recordings that disprove claims in the affidavit

Sometimes, the defense may also request to cross-examine the officer who signed the affidavit. The goal is to show that the officer lied or disregarded the truth. Additionally, it shows that the inaccuracies in the affidavit influenced the judge’s decision.

What is the difference between a Franks Hearing and a suppression hearing?

A suppression hearing is another motion you can use to defend a criminal case in California. The Franks Hearings and suppression hearings aim to challenge the admissibility of evidence. However, there are significant differences between these hearings.

The Franks Hearing focuses on the truthfulness of the affidavit used to obtain a search warrant. It examines whether the warrant was based on false or misleading information. A suppression hearing, on the other hand, covers broader grounds like:

• Searches conducted without a valid warrant

• Searches conducted without consent from a property owner

• Violation of a person’s constitutional rights during the searches.

To determine the proper warrant that suits your case, you will need the guidance of a skilled criminal attorney.

Find a Reliable Criminal Defense Attorney Near Me

Evidence collected through searches and seizures is critical in criminal cases in California. You can explore a “Franks motion” to challenge the information in the affidavit used to obtain a search warrant. A “Franks Motion” can expose misconduct or carelessness by law enforcement and protect your constitutional rights.

You can suppress evidence obtained using the warrant by challenging the truthfulness of a search warrant affidavit. Suppression of critical evidence can weaken the prosecutor's case or lead to the dismissal of the charges against you.

However, the process is complex and demands high legal skill and attention to detail. At the LA Criminal Defense Law Firm, we will evaluate the facts of your case to determine whether a Franks Motion is appropriate. Additionally, we will fight aggressively to protect your rights and your future. Contact us at 310-935-1675 from Los Angeles, CA, to discuss your case.