franks-hearing
29 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-797 | Steven J. Hecke v. United States | Seventh Circuit | 2026-01-07 | Pending | Response Waived | affidavit-omissions criminal-procedure fourth-amendment franks-hearing probable-cause search-warrant | 1. Whether, and how, Franks applies to material information that is omitted from a search warrant affidavit. 2. Whether omissions from a search warra… |
| 24-1152 | Gregory Garcia v. New Jersey | New Jersey | 2025-05-09 | Denied | Response Waived | affidavit criminal-defendant franks-hearing government-agent legal-defenses search-warrant | Whether a criminal defendant is entitled to a Franks hearing when he presents specific and concrete evidence that the government agent who presented t… |
| 24-6443 | Davion Brown v. United States | Second Circuit | 2025-02-03 | Denied | Response WaivedIFP | fourth-amendment franks-hearing government-misconduct judicial-review search-and-seizure warrant-falsity | Whether the Second Circuit erred in denying Petitioner a Franks hearing when confronted with evidence of government representatives lying to four succ… |
| 24-5757 | Damian Cortez v. United States | First Circuit | 2024-10-15 | Denied | Response WaivedIFP | circuit-split fourth-amendment franks-hearing offer-of-proof probable-cause search-warrant | 1. Whether this Petition Should Be Granted to Resolve a Conflict Between the Decision Below and Decisions of the Eighth, Ninth, and Tenth Circuits tha… |
| 24-5513 | Jacob D. Lickers v. United States | Seventh Circuit | 2024-09-11 | Denied | Response WaivedIFP | bad-faith franks-hearing good-faith-exception ineffective-assistance probable-cause search-warrant | 1. May a search warrant affiant take advantage of the Good Faith Exception under Leon when he or she lacks subjective good faith when submitting an af… |
| 23-7215 | David Hueston v. United States | Seventh Circuit | 2024-04-12 | Denied | Response WaivedIFP | attorney-client-privilege evidentiary-weight fourth-amendment franks-hearing franks-v-delaware officer-affiant probable-cause prosecutorial-consultation prosecutorial-discretion search-and-seizure search-warrant | In determining whether a Franks violation occurred, whether a reviewing court may place substantial evidentiary weight on an officer-affiant's consult… |
| 23-6319 | Lacarl Dow v. United States | Ninth Circuit | 2023-12-21 | Denied | Response WaivedIFP | 4th-amendment civil-rights constitutional-rights due-process evidence-suppression fourth-amendment franks-hearing probable-cause suppression-of-evidence warrant-application | (1) Did the affiant officer intentionally or recklessly make false or misleading statements or omissions in support of the warrant? (2) Was the false… |
| 23-5378 | Frank J. Capozzi v. United States | Third Circuit | 2023-08-17 | Denied | Response WaivedIFP | constitutional-violation fourth-amendment franks-hearing fraud-on-court fraud-on-the-court miscarriage-of-justice probable-cause search-warrant | I. Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements that Magistrate Judge Richard Cronauer r… |
| 22-6671 | Rodney P. Mazzulla v. United States | Eighth Circuit | 2023-02-01 | Denied | Response WaivedIFP | appellate-counsel appellate-procedure criminal-procedure due-process franks-hearing Franks-v-Delaware ineffective-assistance reasonable-performance search-warrant Strickland-v-Washington | I. Does trial counsel render ineffective assistance when counsel fails to request a mid-trial Franks v. Delaware, 438 U.S. 154 (1978) hearing when the… |
| 22-6625 | Ledger Lynn Hammonds, Jr. v. United States | Fourth Circuit | 2023-01-26 | Denied | Response WaivedIFP | fourth-amendment fourth-circuit franks-hearing franks-v-delaware judicial-review material-omissions preliminary-showing probable-cause search-and-seizure warrant-challenge | What is the proper test in determining whether or not a preliminary showing for a Franks hearing has been met when analyzing material omissions? Assu… |
| 22-6293 | Dkyle Jamal Bridges v. United States | Third Circuit | 2022-12-13 | Denied | Response WaivedIFP | 4th-amendment automobile-exception confrontation-clause confrontation-right fourth-amendment franks-hearing plain-view sentencing-factors sex-trafficking testimonial-hearsay | 1. Did the automobile exception to the Fourth Amendment justify the warrantless search of Petitioner's vehicle, which had in plain view only innocuous… |
| 21-7685 | Carlos Delgado, aka Los v. United States | Second Circuit | 2022-04-22 | Denied | Response WaivedIFP | confidential-informant fourth-amendment franks-hearing law-enforcement probable-cause reckless-disregard roviaro-v-united-states search-and-seizure warrant-affidavit | Did the DEA task force agent act with reckless disregard for the truth when omitting material information that militated against a finding of probable… |
| 21-6175 | Shaun Short v. United States | Eighth Circuit | 2021-11-04 | Denied | Response WaivedIFP | 4th-amendment automobile-exception criminal-procedure disabled-car franks-hearing parked-car probable-cause search-and-seizure warrant-requirement | Does the automobile exception to the warrant requirement extend to a parked and disabled car, or is it limited to its original justifications? Is a d… |
| 21-5283 | Richard Todd Haas v. United States | Fourth Circuit | 2021-08-03 | Denied | Response WaivedIFP | fourth-amendment franks-hearing law-enforcement materiality materiality-analysis probable-cause recklessness search-and-seizure search-warrant | Whether the Fourth Circuit erred in refusing to engage in a materiality analysis of the information omitted from the affidavits to determine whether t… |
| 21-5022 | Sheron Gabriel Terrell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-07-06 | Denied | IFP | due-process fourth-amendment franks-hearing franks-v-delaware ineffective-assistance ineffective-assistance-of-counsel probable-cause suppression-hearing warrant-affidavit | 1. Did Terrell make a substantial preliminary showing that the omissions made by Affiant from his warrant affidavit were recklessness by the proof of … |
| 20-8083 | Derrick Baer v. United States | Third Circuit | 2021-05-20 | Denied | Response WaivedIFP | constitutional-rights due-process fourteenth-amendment fourth-amendment fourth-amendment-violation franks-hearing law-enforcement-delay search-and-seizure supreme-court-precedent | Whether the decision of the Third Circuit denying petitioner's request for a Franks hearing conflicts with the United States Supreme Court's decision … |
| 20-1181 | Kyle Stephen Thompson v. Maryland | Maryland | 2021-02-25 | Denied | Response Waived | de-novo-review evidentiary-hearing fourth-amendment franks-hearing franks-v-delaware materiality-prong probable-cause search-warrant standard-of-review | When a court considers a request for a Franks hearing by excising the challenged statements in the warrant application, does the court review the rema… |
| 20-5794 | Scott T. Wilbert v. United States | Second Circuit | 2020-09-24 | Denied | Response WaivedIFP | appellate-review criminal-procedure fourth-amendment franks-hearing probable-cause search-and-seizure second-circuit suppression-motion | 1. Should certiorari be granted because the Second Circuit Court of Appeals improperly affirmed the denial of Petitioner's Fourth Amendment suppressio… |
| 20-5418 | Danny Veloz, aka Maestro, aka Joil Rivera v. United States | First Circuit | 2020-08-19 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process evidence evidence-review franks-hearing franks-v-delaware judicial-discretion probable-cause search-and-seizure search-warrant | Whose evidence is a trial judge allowed to consider in making the threshold determination that a defendant has made a substantial preliminary Franks s… |
| 19-7656 | Michael Huntoon v. United States | Ninth Circuit | 2020-02-12 | Denied | Response WaivedIFP | 4th-amendment affidavit computer-privacy computer-search fourth-amendment franks-hearing magistrate probable-cause reasonable-expectation-of-privacy search-and-seizure search-warrant | 1. Whether or under what ci rcumstances i s this Court's rul ing in Jacobsen applicabl e to computers i n that a person l oses any reasonabl e expecta… |
| 19-7477 | Raul Mejia v. United States | Ninth Circuit | 2020-01-29 | Denied | Response WaivedIFP | 4th-amendment criminal-procedure due-process expert-testimony fair-trial fourth-amendment franks-hearing search-and-seizure trial-fairness warrant warrant-validity | Was petitioner's truck illegally searched due to an invalid warrant? Was petitioner improperly denied a Franks hearing? Did Officer Carbajal testify a… |
| 19-6766 | Miles Barton Nichols v. United States | Ninth Circuit | 2019-11-27 | Denied | Response WaivedIFP | fourth-amendment fourth-amendment-search-and-seizure franks-hearing franks-v-delaware informant-credibility law-enforcement-procedure material-omissions probable-cause recklessness search-warrant | 1. Whether a finding of recklessness, entitling a defendant to a hearing pursuant to Franks v. Delaware, should be inferred where the omissions are cl… |
| 18-9143 | Justin D. Fuller v. United States | Sixth Circuit | 2019-05-06 | Denied | Response WaivedIFP | affidavit-discrepancies burden-of-production criminal-procedure-franks-hearing,evidence,thresho defendant-rights due-process evidentiary-threshold franks-hearing government-evidence judicial-error pre-franks-procedure threshold-determination | 1. When in a "Pre-Franks'" procedure does a Court "error by considering evidence submitted by the government to make the threshold determination of a … |
| 18-1201 | Keith Preston Gartenlaub v. United States | Ninth Circuit | 2019-03-14 | Denied | Response Waived | computer-search criminal-procedure due-process evidence-use-restrictions fisa fisa-warrant fourth-amendment franks-hearing general-warrant general-warrants legal-traditions national-security use-restrictions | (1) Does a secret, Foreign Intelligence Surveillance Act ("FISA") authorized computer search violate the Fourth Amendment's prohibition against gene… |
| 18-7875 | Lionel Cannon, aka Cannon v. United States | Third Circuit | 2019-02-08 | Denied | Response WaivedIFP | carpenter-precedent carpenter-v-united-states criminal-procedure fourth-amendment franks-hearing law-enforcement search-and-seizure vehicle-search warrant-requirement warrantless-search wiretaps | Lionel Cannon Argued in the Court below that the District Court erred in denying his motion for a Franks hearing, and that Court abused its discretion… |
| 18-6875 | Kendall Thrift v. United States | Ninth Circuit | 2018-11-29 | Denied | Response WaivedIFP | affidavit circuit-conflict circuit-split criminal-procedure evidentiary-hearing false-statements franks-hearing franks-v-maryland magistrate-judge ninth-circuit omissions search-and-seizure substantial-showing warrant-challenge | Whether the Court should grant certiorari because the Ninth Circuit's decision that defendant Kendall Thrift had not made a substantial preliminary sh… |
| 18-5953 | Antowan Thorne v. United States | Fourth Circuit | 2018-09-12 | Denied | Response WaivedIFP | certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony | SHOULD WRIT OD CERTIORARI BE GRANTED TO REVIEW IF THE DISTRICT COURT ERRED IN DENYING THE MOTION FOR NEW TRIAL OR EVIDENTIARY HEARING WHEN COUNSEL FAI… |
| 18-154 | Roderic Rooks v. Shawn Brewer, Warden | Sixth Circuit | 2018-08-03 | Denied | Response Waived | certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment franks-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-available-evidence pretrial-motion prosecutorial-misconduct | I. WHETHER THIS COURT SHOULD GRANT CERTIORARI BECAUSE THE UNITED STATES DISTRICT COURT JUDGE ERRED IN DENYING A CERTIFICATE OF APPEALABILITY TO PERMIT… |
| 18-5004 | Tremayne Antwane Mitchell v. United States | Fourth Circuit | 2018-06-28 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 4th-amendment curtilage evidence-suppression exclusionary-rule fourth-amendment franks-hearing franks-v-delaware good-faith-exception police-search probable-cause reasonable-expectation-of-privacy search-and-seizure standing warrantless-search | Whether the Court of Appeals erred in overruling the District Court's decision to suppress evidence obtained by police officers when they sniffed the … |