Los Angeles Criminal Defense Firm

Franks Hearing

During a Franks hearing, the defendant must prove the affidavit contains allegations that are knowingly and intentionally false or in reckless disregard of the truth and that the statements were material—"necessary to the magistrate's finding of probable cause.” Franks v. Delaware (1978) 438 U.S. 154. A Franks Hearing is similar to a suppression hearing. During a suppression hearing a defendant can introduce evidence to prove that some of the allegations or statements contained in the officer's affidavit used to obtain a search warrant that yielded incriminating evidence were false.