Steven J. Hecke v. United States

In Franks v. Delaware, 438 U.S. 154 (1978), this Court held that a criminal defendant is entitled to seek an evidentiary hearing to challenge a sworn affidavit submitted in support of a search warrant. Such a hearing must be granted where the defendant “makes a substantial preliminary showing” that (i) a swearing officer made “a false statement knowingly and intentionally, or with reckless disregard for the truth”; and (ii) “the allegedly false statement [was] necessary to the finding of probable cause.” 438 U.S. at 155-56. This Court has never addressed whether Franks applies to material evidence that is intentionally or recklessly omitted from a search warrant affidavit. Nor has it explained how lower courts should assess such omissions when considering the credibility of the swearing officer. The questions presented are:

1. Whether, and how, Franks applies to material information that is omitted from a search warrant affidavit.

2. Whether omissions from a search warrant affidavit can so undermine the credibility of the affiant that a Franks hearing is necessary even if probable cause would otherwise exist.