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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.
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 ...
According to a probable cause affidavit obtained by The Sun Herald, Luster's son Kevin Ward was visiting for the holidays with his fiancée. Luster and Ward’s fiancée, whose identity has not ...
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 the police to make a lawful arrest, the arresting officer(s) must have either probable cause to arrest, or a valid arrest warrant. A valid arrest warrant must be issued by a neutral judge or magistrate, who has determined there is probable cause for an arrest, based upon sworn testimony or an affidavit in support of the petition for a ...
Briana Boston, 42, of Lakeland, was charged with threats to conduct a mass shooting or an act of terrorism, according to a probable cause affidavit obtained by USA TODAY. On Dec. 10, the FBI ...
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