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The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...
Case history; Prior: Franks v. State, 373 A.2d 578 (Del. 1977): Subsequent: Franks v. State, 398 A.2d 783 (Del. 1979): Holding; Where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.
In order to obtain a search warrant in the United States, a law officer must appear before a judge or magistrate and swear or affirm that they have probable cause to believe that a crime has been committed. The officer is required to present their evidence and an affidavit to a magistrate, setting forth the evidence. "An affidavit must provide ...
A probable cause affidavit filed in the case gives horrifying details about Kayden's final weeks alive, and his death has enraged those who felt denied access to make sure the boy was OK. "(Kevin ...
The probable cause affidavit filed against Tyler in court claimed that on Nov. 27 he “knowingly performed a circumcision" in his home on a child under the age of 18, which caused the child to ...
In September 2008, Alahverdian was accused of raping his 21-year-old ex-girlfriend, a probable cause affidavit shows. The woman, identified in the document as K.P., told authorities that she’d ...
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