Which of the following is true concerning a Franks hearing?

Question

Quizplus · Accepted Answer

A Franks hearing is used to challenge the veracity of an affidavit used by the police to obtain a search warrant.

Answer: B
 In order to initiate a Franks hearing, the defendant must provide more than a simple allegation of falsity and/or material omission. They must provide either (1) a showing of intentional or reckless falsehoods, or (2) a demonstration that the affidavit, when corrected and supplemented, would not establish probable cause.

Answer: C
 The burden of proof during a Franks hearing falls upon the defendant to prove, beyond a reasonable doubt, that the application for a warrant contained false statements that were knowingly or recklessly made, or alternatively that material information was knowingly or recklessly omitted from the warrant application.

Answer: D
 Not all criminal suspects are entitled to a Franks hearing. Only those who have had their Fourth Amendment rights violated through a warrant that was obtained using a false affidavit may have the right to challenge the veracity of the affidavit through a Franks hearing.

Which of the Following Is True Concerning a Franks Hearing