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U.S. v. HARRIS

No. 05-3808.

464 F.3d 733 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Antone C. HARRIS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 27, 2006.

Attorney(s) appearing for the Case

Cynthia J. Ridgeway (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

James C. McKinley (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.

Before FLAUM, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

When a criminal defendant makes a substantial preliminary showing that the warrant to search his property was procured by intentional or reckless misrepresentations in the warrant affidavit, and such statements were necessary to the finding of probable cause, the Fourth Amendment entitles the defendant to a hearing to challenge the constitutionality of the search. Franks v. Delaware,

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