Bragg v. State, 499 S.W.3d 261

On Jan. 23, 2015, resident Robert Williams reported that a maintenance man named “Anthony” showed him a pouch containing what Williams believed was meth, offered some, and pulled a gun when Williams refused. Williams then reported the incident to the Boone County Sheriff’s Office.
Investigator Robert Braden (14th Judicial District Drug Task Force) prepared an affidavit for a search warrant that identified the suspect as "Anthony Bragg," stating Williams had provided that name.
A judge issued a search warrant; officers searched Bragg’s residence, vehicle, and shed and seized drugs, firearms, and paraphernalia. Bragg was charged with multiple drug and firearms offenses.
Bragg moved to suppress, arguing under Franks v. Delaware that the affidavit contained false statements (the affidavit misrepresented that Williams named "Anthony Bragg") and that, without the false material, probable cause was lacking.
At the suppression hearing the parties stipulated that Williams had called the suspect “Anthony” and later described him as a black male; officers were familiar with a maintenance worker named Anthony Bragg at the RV park from prior contacts and arrests.
The trial court denied the motion to suppress; the court of appeals affirmed, finding no showing that the affiant knowingly or recklessly made false statements and that the affidavit—viewed in totality—provided probable cause.

Issue	Bragg's Argument	State's Argument	Held
Whether the affidavit contained knowingly false statements or reckless omissions under Franks	Affiant falsely stated Williams named “Anthony Bragg”; that falsity was material and required suppression	The misstatement was at most a careless error; affidavit, plus officers' knowledge, supplied particularity and probable cause	Denied. No showing of knowing/reckless falsity; affidavit adequate under totality of circumstances

Franks v. Delaware, 438 U.S. 154 (warrant invalidation standard when affidavit contains deliberate or reckless falsehoods)
State v. Rufus, 338 Ark. 305 (Ark. 1999) (Franks standard applied in Arkansas)
Moss v. State, 380 S.W.3d 479 (Ark. App. 2011) (minor inaccuracies do not invalidate affidavit when viewed in totality)
Heritage v. State, 936 S.W.2d 499 (Ark. 1996) (distinguishing careless mistakes from knowing/reckless misstatements)
Hampton v. State, 204 S.W.3d 572 (Ark. App.) (standard of review for suppression rulings)
United States v. Halsey, 257 F. Supp. 1002 (S.D.N.Y. 1966) (quoted in Franks on expectation of truthful affidavits)