07-22-2025, 02:28 AM
The motion was filed in September of 2024 and now it's July almost August of 2025. Ten to eleven months has passed, and the court has yet to hear the case. Frank hearings are supposed to be timely, a delay like this is considered by other courts as "unreasonable"
Franks v. Delaware (1978)
- Established the right to challenge the truthfulness of statements in a search warrant affidavit.
- Requires a timely hearing once a substantial preliminary showing is made.
County of Riverside v. McLaughlin (1991)
- Held that delays in judicial proceedings must be reasonable.
- Even within the 48-hour rule for probable cause determinations, delays motivated by gathering more evidence or ill-will are unconstitutional.
“Such a hearing may nonetheless violate Gerstein if the arrested individual can prove that his or her probable cause determination was delayed unreasonably… motivated by ill-will… or delay for delay’s sake.” — County of Riverside v. McLaughlin, 500 U.S. 44
Franks v. Delaware (1978)
- Established the right to challenge the truthfulness of statements in a search warrant affidavit.
- Requires a timely hearing once a substantial preliminary showing is made.
County of Riverside v. McLaughlin (1991)
- Held that delays in judicial proceedings must be reasonable.
- Even within the 48-hour rule for probable cause determinations, delays motivated by gathering more evidence or ill-will are unconstitutional.
“Such a hearing may nonetheless violate Gerstein if the arrested individual can prove that his or her probable cause determination was delayed unreasonably… motivated by ill-will… or delay for delay’s sake.” — County of Riverside v. McLaughlin, 500 U.S. 44