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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.
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 ...
A Paterson police report filed at the time of the alleged assault gave a sharply conflicting version of what happened compared with the affidavit of probable cause against Marachilian submitted by ...
Genell A. Mcinaw, 50, of Seaside Park, purchased four drinks less than an hour before striking Robert S. Popovics, 75, with her car, according to the affidavit of probable cause in her arrest.
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 ...
The use of the FD-302 has been criticized as a form of institutionalized perjury due to FBI guidelines that prohibit recordings of interviews. Prominent defense lawyers and former FBI agents have stated that they believe that the method of interviewing by the FBI is designed to expose interviewees to potential perjury or false statement criminal charges when the interviewee is deposed in a ...
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