Michigan v. Franklin (Opinion on Application)Annotate this Case
This case centered on whether a trial court, in its discretion, could hold an evidentiary hearing to collaterally review a magistrate’s finding of probable cause on the basis of a defendant’s challenge to the veracity of a warrant affidavit in light of the United States Supreme Court’s holding in Franks v Delaware, 438 US 154 (1978). The Court of Appeals interpreted “Franks” as barring a trial court from granting a defendant an evidentiary hearing to challenge the veracity of a search warrant affidavit following the warrant’s execution “unless the defendant makes ‘[the] substantial preliminary showing’ ” as set forth in “Franks.” The Michigan Supreme Court reversed the judgment of the Court of Appeals, and held that “Franks” controlled the circumstances under which “the Fourth Amendment requires that a hearing be held at the defendant’s request,” but Franks did not bar a trial court from exercising its discretion to grant evidentiary hearings concerning the veracity of search warrant affidavits under other circumstances. Because the prosecutor did not appeal the trial court’s conclusion that the warrant affidavit was not supported by probable cause, the only issue before the appellate court was whether the trial court abused its discretion by holding the evidentiary hearing. The Supreme Court concluded that the trial court did not abuse its discretion when it granted defendant’s motion for an evidentiary hearing.