What is a “Franks Motion” and Hearing?

14 Jul 25

The 4th Amendment of the U.S. Constitution protects you from illegal search and seizure. If law enforcers believe you used a property to commit an offense, they can obtain a search warrant from a judge. The warrant allows the police to search you or the property for evidence associated with the criminal activity and seize it as evidence. Before the judge issues the search warrant, the police should have probable cause that you used the item in the offense. If the law enforcers lied when acquiring the warrant, the court could dismiss any evidence acquired through the unlawful search and seizure. You should bring a Franks motion to the court to fight the search warrant.

A Deep Dive Into Franks Motions and Hearings

The 4th Amendment safeguards citizens of the United States from unfair searches and seizures by police officers.

Before searching any property, police officers should obtain a signed warrant from a magistrate or judge according to the details in a sworn statement or affidavit given by the police officer seeking the warrant.

Nevertheless, if the information is misleading or false because of reckless or intentional omission of truth, any proof obtained through the search may be inadmissible in court.

The Franks motion and subsequent hearings refer to the judicial process of a defendant contesting the legality of an arrest or search warrant, known as traversing the warrant. Therefore, a Franks hearing is a court proceeding where a suspect challenges the veracity of a warrant before a judge.

You should bring a Franks motion to contest the affidavit that is the basis of a warrant. The motion challenges the accuracy of the affidavit’s details by offering evidence proving the following:

• It had false material information
• The warrant contained misstatements of fact or false statements
• It had misleading omissions or details that were used to grant the warrant
• The police acted so with a complete disregard for the truth

The motion can prove that law enforcement omitted material information from the affidavit that may have prevented the judge from issuing the warrant.

Understanding the Background to the Franks Motion

In the Franks v. Delaware case (1978), the United States Supreme Court created the legal framework for contesting the legality of a search warrant. The Supreme Court upheld that an accused person can contest the frankness of statements in a search warrant affidavit. If successful, the court can suppress the proof obtained because of the warrant. In the Franks legal matter, law enforcement secured a warrant for the accused after taking an oath that two (2) of the suspect’s coworkers informed the police that the suspect’s clothes comprised the items the alleged rape victim described.

While executing the warrant, the police confiscated the clothes described earlier. The suspect’s defense attorney talked with two coworkers who denied making statements imputed to them in the affidavit or ever talking to the affiant.

Upon appeal from the trial and the lower appellate court’s refusal to take into account the affidavit’s  false statements, the Supreme Court directed that a viable, supported assertion of the affidavit’s deliberate falsehood warrants a court hearing and evidence’s suppression once the Franks motion proves case elements that include the following:

• Omissions or falsehoods — The suspect must prove that the police deliberately or carelessly included falsehoods or excluded material facts in their warrant’s affidavit.
• Affidavit’s remaining content — Upon the removal of the omissions or falsehoods, the affidavit stops showing the presence of probable cause. A Franks motion is a formidable tool to suppress any incriminating proof, especially if the evidence discovered while executing the search warrant is crucial to the prosecutor’s possibility of convicting a suspect.
• Materiality — The falsehoods or omissions should be material; they were essential to create probable cause for the judge to issue the warrant.

Extensions to the Franks Rule

In Johnson v. State (1995), the court extended the Franks requirements to omissions in affidavits, requiring the judge to review the following:

• Whether the excluded material, if included in an affidavit, could have trumped probable cause.
• Whether the omissions were deliberate or reckless law enforcement conduct that can be deemed as deception.

Furthermore, in the Johnson ruling, the Court reviewed how the Franks rule should be applied to factual omissions in an affidavit. The Johnson Court ruled that the reasonable legal standard for ascertaining the impact of the omissions would be to determine whether probable cause might still have existed if the excluded material were in the affidavit.

Please note that the omitted details in the probable cause court hearing do not alone result in an inference of deception. Nevertheless, there could be some cases where the omission is so striking that the inference is persuasive.

Filing Your Franks Motion Procedure

The steps of filing the Franks motion consist of the following:

• Submission of the motion and supporting proof — Your attorney will submit the motion detailing why you think the search warrant was issued through false statements or reckless omission of facts. Your lawyer should present proof supporting these arguments.
• Court evaluation — The judge will review your motion and preliminary proof. The judge can schedule a hearing if your case is strong.
• Franks hearing — In the hearing, your lawyer will summon witnesses to testify to the alleged wrongdoing. The judge can also interrogate the individual who drafted the search warrant to ascertain if it has falsehoods, inaccuracies, misrepresentations, or omissions.

What to Expect When Filing Your Franks Motion

For the court to consider a Franks motion, you, the defendant, should meet specific criteria regarding the evidence. These requirements include the following:

• The defendant should have substantial preliminary proof showing the search warrant was false, misleading, or contained certain omissions.
• The suspect should argue that a police officer knew of the falsehood during the submission.
• The defendant should demonstrate that the judge used omissions or misleading statements when deciding whether to grant the search warrant.

Consequently, the Franks motion may also indicate that law enforcement deliberately excluded details from the affidavit, which could have prevented the issuance of the search warrant. If, during the trial, the court establishes that your motion is compelling, the judge can conduct the Franks hearing.

Suppose your attorney provides a substantial preliminary demonstrating that the affidavit was untrue. In that case, the judge can issue the Franks order and suppress all or part of the proof seized per the warrant.

The U.S. Supreme Court established the exclusionary rule that forbids using unlawfully obtained proof in a trial.

How Judges Issue Search Warrants

After judges issue search warrants, law enforcement executes them.

The grounds or requirements for granting the search warrant include the following:

• When property was embezzled or stolen
• The seized evidence contains child pornography
• There is an active arrest warrant against an individual
• If a person living with a mental health condition is arrested for possession of a gun
• If the defendant used a gun or any other lethal weapon to commit a crime
• If an individual subject to a restraining order owns a gun and fails to surrender it.
• If the property the police should seize is proof of a felony taking place or that a specific individual has engaged in a felony.
• If the property being seized is with someone who plans to use it to commit an offense or is with someone who could transfer it to hide it from being discovered.

Understanding Probable Cause

Probable cause is the standard of evidence by which law enforcement has the legal grounds to conduct an arrest, a search, or obtain an arrest warrant. Probable cause guarantees the constitutional entitlement against searches and seizures.

To establish that probable cause exists, the judge can question under oath the following:

• The peace officer
• The prosecutor
• The investigator who made the application for the warrant
• Any witness that the individual seeking a warrant depends on to decide whether they need a warrant.

A prosecutor filing an affidavit or a police officer can make the search warrant application under penalty of perjury. An affidavit can be oral or written and should contain facts that establish the legal grounds for the application or probable cause.

Challenging Other Warrants

In addition to search warrants, you can challenge the following:

Arrest Warrants

You can file a motion to stop your arrest warrant by claiming it is illegal or invalid.

A magistrate issues arrest warrants once they believe there is reasonable grounds to think that an individual has violated the law.

Bench Warrants

Judges grant bench warrants (arrest warrants granted after a person fails to make court appearances when required).

Per Penal Code Section 978.5 PC, a judge can issue a bench warrant if you fail to show up after the following:

• Being instructed to attend court in person at a particular place and time
• Released from detention on bail and instructed to attend court at a particular time
• Securing an own recognizance release and promising to make court appearances
• Authorized to attend court by legal counsel, and the judge instructed that you physically appear
• Released upon citation and promised to attend motions

To recall or challenge your bench warrant, the court should schedule your case in the court that issued the warrant. Next, you can make an oral motion to recall or quash in the court.

A judge can quash a warrant once you have adhered to your initial order to show up in court.

Understanding Motion to Suppress

Search warrants are subject to motions to suppress based on PC 1538.5. As mentioned earlier, search warrants should be supported by probable cause. Suppose a judge later deems that the initial warrant should not have been granted due to insufficient supporting proof. In that case, they can suppress it or exclude any evidence obtained through the execution of the search warrant from the criminal proceeding.

However, certain exceptions to the motion suppression rule exist, including the good faith of peace officers.

How to Prepare for Your Franks Motion and Hearing

You can adequately prepare for your hearing by doing the following:

• Understanding the motion — With the help of your lawyer, you should start by comprehensively assessing the motion filed against you. Analyze the arguments, supporting proof, and relevant case regulations cited.
• Collect evidence — Gather all necessary proof, affidavits, exhibits, and documentation that reinforce your position in the motion. Make sure that your proof is admissible and appropriately authenticated.
• Legal research — Your attorney will perform thorough legal research to find relevant regulations, statutes, and case precedents that apply to your motion. They will identify legal principles and precedents that reinforce your arguments.
• Prepare your witnesses — If there is a need for witness testimony, your legal counsel will prepare your witnesses for cross-examination and advise them on what to expect in court. Anticipate potential cross-examination and objections and ensure your witnesses are honest and articulate. 
• Court etiquette — Wear professional attire, arrive early for your hearing, and obey all courtroom etiquette.
• Rehearse oral arguments — Practice your oral submissions before the hearing to ensure coherence, clarity, and persuasiveness.
• Prepare legal briefs — Your lawyer can help you draft clear and convincing legal briefs detailing your arguments.
• Evaluate court processes — Familiarize yourself with how the court works and the guidelines that govern motion hearings. Know the timeline for filing motions, submitting proof, and presenting arguments.
• Prepare for case outcomes — Consider the possible outcomes of your motion hearing and establish contingency plans accordingly. Evaluate your case’s merits and demerits and be ready to adapt promptly. 

How Your Attorney Can Assist in a Frank Motion Hearing

Discussed below are reasons why you need experienced legal assistance during your Franks hearing:

Preparing Formidable Arguments

A motion hearing needs well-designed and convincing arguments. Your attorney will study your case’s facts and applicable statutes to develop a strong case. They can also draft a convincing motion for you.

Address Your Options

Legal matters are complex and even confusing. Your attorney can help you grasp what the motion entails and what you should expect. They will explain the possible outcomes and how they could impact your case.

Represent You in Court

During the motion hearing, your attorney will present your case in court. They will use concise language to address the facts, cite applicable laws, and highlight why the court should rule in your favor. Once the prosecution argues against you, your attorney will respond promptly to challenge their points. The back-and-forth requires experience, skill, and confidence, qualities only a skilled attorney possesses.

Safeguarding Your Rights

Your attorney will work aggressively to safeguard your constitutional protections. They will also ensure that the opposing side adheres to proper legal processes and uses no unethical tactics.

Negotiating For a Resolution

Sometimes, motion hearings may evolve into negotiations between involved parties rather than a formal hearing presided over by the judge. Your attorney could use this avenue to resolve problems in your favor without proceeding to trial.

Additional Facts about Franks Motion

Here are less-known nuances and facts about evidence that are the subject of losing or prevailing in the motion. Understanding these facts can prevent anxiety and help you obtain the best case outcome.

• Evidence in the Franks motion does not address a confession acquired in breaching the 5th Amendment right against self-incrimination or identifying a witness in a lineup per the 6th Amendment. Instead, Franks motion only excludes tangible proof acquired from an illegal search and seizure.
• From the previous point, it is crucial to note that the court can suppress evidence, testimony, statements, and police officer’s observations acquired following an illegal search, arrest, or detention per PC 1438.5. The key is that the court should order tangible proof excluded.
• Unlawfully seized proof that a judge ordered suppressed could be used to impeach an accused person, but the same proof cannot be utilized to impeach any defense witness.
• The judge can consider the suppressed evidence during sentencing. It is common for most defendants to feel that the court violated their rights.
• The prosecutor can use previously suppressed evidence in a new criminal case. They can also use it against you if the court dismissed your case and refiled. Finally, a verdict in federal court suppressing proof does not bind in a state court handling the same proof.
• The court can later utilize previously suppressed evidence to revoke a parole. However, the court cannot use it in a probation revocation hearing.

Find Seasoned Legal Assistance Near Me

A Franks hearing allows you, the defendant, to request the court to examine whether the police used false details to secure a search warrant. The hearing aims to ensure the integrity of the criminal judicial process by holding law enforcers liable for their conduct. If you can verify that police recklessly or knowingly included false statements in their warrant affidavit, it could exclude the proof acquired through the warrant. While a Franks hearing can be a powerful tool in your criminal defense arsenal, understanding its complexity and effectively leveraging it in your favor requires skilled legal assistance. Leah Legal can help you draft compelling arguments, negotiate with the prosecutor, and represent you in court. Please contact us at Van Nuys at 818-484-1100 to schedule your free case review.