Franks v. Delaware, , is a United States Supreme Court

Supreme Court of the United States

The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

case dealing with defendants' rights to challenge evidence collected on the basis of a warrant granted on the basis of a false statement. The court held that where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.

Facts

Cynthia Bailey was sexually assaulted and gave a description of her attacker to the police. On an unrelated count the police had picked up Jereome Franks for the sexual assault of a 15 year old girl. Franks made an incriminating comment saying he was "surprised" the charges were about the 15 year girl because he knew her and he had thought that the officer had said "bailey" and he did not know her.