Let's Speak Frankly

Let's Speak Frankly

Police officers make mistakes.  And those mistakes can either be intentional or unintentional. 

The Supreme Court of the United States in Franks v. Delaware, 438 U.S. 154 (1978), provided that if, after a hearing, a defendant proves by a preponderance of the evidence that a false statement was included in an affidavit sworn by a police officer, knowingly and intentionally, or with reckless disregard for the truth, and the false statement was necessary to the judge or magistrate’s finding of probable cause to issue the warrant, the warrant is void and the fruits of the search are excluded as evidence at trial.

In practicality, what does that mean?  It means that if a defendant proves that a police officer intentionally included false information or recklessly included false information in an affidavit and a judge necessarily relied on that false information in approving a warrant, then the warrant is invalid and the State of Indiana cannot rely on or use that evidence at trial.     

Looking for an experienced Indiana criminal defense or civil rights attorney?  Contact the attorneys at Keffer Hirschauer LLP today if you have questions or believe your criminal or constitutional rights have been violated.  We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case.  Act now and contact us today at 1-800-NOT-GUILTY or (317) 857-0160.


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