Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA3: Standard of review of a Franks violation does not have to be decided because defendant loses under either

By John Wesley Hall, Jr.

The Third Circuit does not have to decide the standard of appellate review of denial of a Franks hearing. Defendant here would lose under either standard. United States v. Heilman, 2010 U.S. App. LEXIS 8496 (3d Cir. April 21, 2010) (unpublished)*: We also need not decide today what standard of review to employ when reviewing the District Court's refusal to permit a Franks hearing. Normally, we review the denial of a motion for suppression for clear error as to the underlying facts and exercise plenary review as to its legality. See United States v. Agnew, 407 F.3d 193, 196 (3d Cir. 2005). We have not stated a precise standard of review where a District Court denied a Franks hearing, and other circuits are split on this matter. See United States v...continue to full post

Full post as published by Fourth Amendment on April 25, 2010 (boomark / email).