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Which Statement About a Franks Hearing Is True

Question 9

Multiple Choice

Which statement about a Franks hearing is true?


A) The purpose of the hearing is to allow a criminal defendant to challenge the veracity of an affidavit used by the police to obtain a search warrant.
B) A simple allegation of falsity and/or material omission is insufficient to trigger (initiate) a Franks hearing.
C) The defendant bears the burden of proving, beyond a reasonable doubt, that an 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.
D) All criminal suspects are entitled to a Franks hearing.

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