A Franks hearing challenges a Texas search warrant when the defendant shows the affidavit held a deliberately or recklessly false statement, or a material omission, essential to probable cause. The court excises the falsehood, and if probable cause then fails, suppresses the evidence. L and L Law Group builds these motions from the record.
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
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📖 2 min read337 wordsLast reviewed: 2026-05-13
When a police affidavit for a search warrant contains false statements or material omissions, Franks v. Delaware (438 U.S. 154) provides the path to suppression. Texas adopts Franks through CCP Article 38.23 and Texas case law.
What Franks requires
To get a Franks hearing in Texas, the defendant must make a "substantial preliminary showing" that (1) the affidavit contains a deliberately false statement or a statement made with reckless disregard for the truth, OR a material omission, and (2) the false statement or omission was material to the probable cause determination. Mere negligence is not enough.
The two-part remedy
If granted, the court conducts an evidentiary hearing. If the defendant proves the falsity or omission by a preponderance, the court excises the false statement (or inserts the omitted material) and re-examines the affidavit. If, after excision, the remaining facts do not establish probable cause, the warrant is invalidated and all evidence obtained is suppressed.
Common Texas Franks issues
Confidential informant credibility — affidavits that fail to disclose the CI's history of unreliability, payment for information, or pending charges. Stale information — affidavits relying on observations from weeks or months prior. Boilerplate language — copy-paste affidavits that contradict the dashcam or body-cam. Material omissions — failure to disclose exculpatory facts known to the affiant.
How we build a Franks motion
We obtain the affidavit, then compare line-by-line against: the offense report, dashcam, body-cam, dispatch logs, CI testimony or prior statements, and the witness pool. We retain an expert on probable cause when needed. The substantial preliminary showing is often satisfied by the dashcam alone — what the affiant said happened versus what the video actually shows.
Free consultation
If a search warrant produced evidence in your case, Franks may apply. Free consultation.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Last reviewed: 2026-05-13 by Njeri London and Reggie London, co-founding partners, L and L Law Group, PLLC. This content is reviewed for accuracy at least every 12 months and when statutory or case-law changes occur.
Attorney Advertising Disclosure. This content is for general informational purposes only and is not legal advice. Reading this content or contacting L and L Law Group, PLLC through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Past performance is not a guarantee of future results.
About the Authors
Njeri London
Co-Founding Partner
Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases. Verify on Texas Bar
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Service Areas
L&L Law Group represents clients across North Texas counties for DWI, assault, drug crimes, juvenile defense, outstanding warrants, bond reduction, and expunction matters.
