Legal Opinion
Franks v. Delaware
Supreme Court of the United States
Decided June 26, 1978No. 77-5176PublishedCited by 7,233 opinions
1Opinion of the CourtJustice Blackmun
This case presents an important and longstanding issue of Fourth Amendment law. Does a defendant in a criminal proceeding ever have the right, under the Fourth and Fourteenth Amendments, subsequent to the ex parte issuance of a search warrant, to challenge the truthfulness of factual statements made in an affidavit supporting the warrant?
In the present case the Supreme Court of Delaware held, as a matter of first impression for it, that a defendant under no circumstances may so challenge the veracity of a sworn statement used by police to procure a search warrant. We reverse, and we hold…
2Cases cited97 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Mapp v. OhioSupreme Court of the United States · 1961
- Aguilar v. TexasSupreme Court of the United States · 1964
- Jones v. United StatesSupreme Court of the United States · 1960
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3Cited by7,233 opinions
- United States v. LeonSupreme Court of the United States · 1984
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Mills v. MarylandSupreme Court of the United States · 1988
- Herring v. United StatesSupreme Court of the United States · 2009
- Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of MontanaCourt of Appeals for the Ninth Circuit · 1994
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