Thursday, January 10, 2013
Ind. Decisions - 7th Circuit clarifies some issues re Franks v. Delaware
In a 24-page opinion in an Illinois case, U.S. v. McMurtrey, Circuit Judge Hamilton writes:
If police officers obtain a search warrant by deliberately or recklessly providing the issuing court with false, material information, the search warrant is invalid. In Franks v. Delaware, 438 U.S. 154 (1978), the Supreme Court held that when a defendant makes a substantial preliminary showing that the police procured a warrant to search his property with deliberate or reckless misrepresentations in the warrant affidavit, and where such statements were necessary to the finding of probable cause, the Fourth Amendment entitles the defendant to an evidentiary hearing to show the warrant was invalid. In this appeal we attempt to clarify some issues concerning the procedures a district court may or must use in evaluating a criminal defendant’s motion to suppress evidence under Franks.
Posted by Marcia Oddi on January 10, 2013 11:10 AM
Posted to Ind. (7th Cir.) Decisions