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Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some ...
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 ...
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.
According to an affidavit of probable cause in the district court file, Berry and Stubbins were hunting together on Nov. 30 in Rollin Township when Stubbins was shot. Stubbins had been Berry's ...
"Based on the fact allegations and the Government’s argument, the Court finds that the warrantless entry was not the actual cause of Taylor’s death," Simpson wrote in a 33-page order filed in ...
A newly unsealed FBI affidavit revealed a clearer timeline of the probe into Trump’s handling of top secret documents, as well as the nature of the classified information.View Entire Post ›
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 ...
For criminal proceedings, the exclusionary rule prohibits entry of evidence obtained through an unreasonable search and seizure, such as one executed under an invalid search warrant. [2] However, the good-faith exemption allows evidence collected by law enforcement officers pursuant to a defective search warrant if the officers reasonably ...
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