Michigan Federal Defense Lawyer – Franks Hearing Explained
Fighting Violations of the Fourth Amendment
When false, misleading or exaggerated facts are used to justify a search warrant, there is a violation of the 4th Amendment to the United States Constitution. Law enforcement has an obligation to include facts in an affidavit in support of a search warrant that are true to the best of their information, knowledge and belief. When federal agents or police officers twist the truth to justify a search, the constitutional defense team with LEWIS & DICKSTEIN, P.L.L.C. will do what is necessary to fight for a client’s rights and seek the suppression of illegally seized evidence. Federal constitutional law applies not only to federal cases but also to felony and misdemeanor cases prosecuted by the State of Michigan and local prosecutors.
In federal court, the evidentiary hearing to determine if there was a constitutional violation is called a Franks Hearing. In Franks v. Delaware, 438 U.S. 154 (1978), the Supreme Court ruled that if a defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was used in the request for a warrant, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant’s request.
If the defendant shows by a preponderance of the evidence (meaning more than 50%), that there was perjury or reckless disregard, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded. This means that perjury or a knowing or reckless false statement in an affidavit used to secure a warrant may result in suppression of evidence and a dismissal of charges!
Michigan Federal Defense Attorney – Not Afraid to Fight Your Case and Win
When the State of Michigan or the United States of America is charging you with a criminal offense, you cannot afford to have a defense lawyer who does not fight for you like you are their “Number One” client. You need LEWIS & DICKSTEIN, P.L.L.C. We have a unique approach to criminal defense that is unparalleled. Instead of one experienced lawyer backed up by one or more inexperienced defense lawyers, our firm is made up of seasoned, fearless and effective defense attorneys who each have decades of experience. Call us today at (248) 263-6800 for a Free Consultation or complete a Request for Assistance Form and we will promptly contact you
Why you should hire LEWIS & DICKSTEIN, P.L.L.C.
- Decades of Experience
- Track Record of Avoiding Jail and Convictions
- Respected by Judges and Prosecutors
- Passionate, Tenacious and Compassionate Representation
- Nationally Honored and Recognized –
- SuperLawyer – Thomson Reuters
- 10.0 Superb – Avvo
- AV Preeminent – Martindale-Hubbell
- Lead Counsel Rated – LawInfo
- Client Distinction Award – LexisNexis
- Top Attorneys in Michigan – As published in the New York Times and Crane’s Detroit Business
“We are not afraid to win!”
LEWIS & DICKSTEIN, P.L.L.C.