FRANKS v. DELAWARE

No. 77-5176.

438 U.S. 154 (1978)

FRANKS v. DELAWARE.

Supreme Court of United States.

Decided June 26, 1978.


Attorney(s) appearing for the Case

Donald W. Huntley argued the cause and filed briefs for petitioner.

Harrison F. Turner, Deputy Attorney General of Delaware, argued the cause for respondent. With him on the brief was Richard R. Wier, Jr., Attorney General.*


MR. JUSTICE BLACKMUN delivered the opinion of the Court.

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...

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