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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.
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 ...
Citing a probable cause affidavit, WPTA reported that responding officers “felt an immediate heat difference from the main bedroom to the interior of the closet,” where the child was allegedly ...
Where the warrant was issued based on an affidavit containing intentionally or recklessly false information; Where the magistrate or judge who issued the warrant was not neutral and detached from the case; Where the warrant was issued based on an affidavit so clearly lacking support for probable cause
Magistrate Judge Annie T. Christoff, of the U.S. District Court for the Western District of Tennessee, is scheduled to oversee a probable cause and detention hearing in U.S.A. versus Lisa Jeanine ...
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 warrant. [11] The arrest warrant must specifically identify the person to be arrested. [12]
A jury found Blair Watts guilty of first-degree murder and he was immediately sentenced to a mandatory term of life in prison, the Montgomery County District Attorney’s Office said.
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