Solved

Which of the Following Is True Concerning a Franks Hearing

Question 23

Multiple Choice

Which of the following is true concerning a Franks hearing?


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.

Correct Answer:

verifed

Verified

Unlock this answer now
Get Access to more Verified Answers free of charge

Related Questions