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.

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