Whether Franks authorizes federal courts to disregard a finding of probable cause made by a properly constituted state grand jury

QUESTIONS PRESENTED In Franks v. Delaware, 438 U.S. 154 (1978), this Court announced a rule of “limited scope” which allowed a criminal defendant to attack the veracity of a probable cause affidavit for a search warrant. Recognizing substantial “competing values” and heeding the warnings from the dissent, the Franks Court placed limitations on the rule which included “a presumption of validity with respect to the affidavit supporting the search warrant” and the requirement that the criminal defendant bear the burden of proof throughout the process. Despite the Court’s limitations on Franks, the lower courts have expanded it. This Petition questions the legitimacy of that expansion and presents the following questions: 1. Whether Franks authorizes federal courts to disregard a finding of probable cause made by a properly constituted state grand jury, given this Court’s holdings in U.S. v. Williams, Kaley v. U.S., and their antecedents? 2. Whether violation of the judicially crafted prophylactic rule identified in Franks provides a basis for a claim under 42 U.S.C. §1983? 3. Whether Franks has any application when state-provided procedures exceed those required by Franks, and criminal defendants failed to avail themselves of the state’s procedure? ii QUESTIONS PRESENTED—Continued 4. If Franks authorizes federal courts to disregard a finding of probable cause made by a properly constituted state grand jury, what standard is appropriate for determining whether a federal court can disregard a grand jury’s finding of probable cause?