Franks legal standard

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There really isn’t much discussion about the legal standard in Indiana for a Franks hearing. This is from the Indiana Supreme Court: “a warrant is invalid where the defendant establishes by a preponderance of the evidence that the affidavits used to obtain the warrant contain perjury by the affiant, or a reckless disregard for the truth by him, AND the rest of the affidavit does not contain materials sufficient to establish probable cause.” (Jones v state, 783 N.E. 1132, 1136 (Ind. 2003) (citing Franks 483 U.S. at 171-172).

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jurisdrpepper1

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Posted: 1 year ago
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