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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 ...
Since 1983, a constitutionally sufficient affidavit must support a conclusion by a reviewing magistrate that the "totality of the circumstances" suggest that there is a fair probability that the facts the police relied on for probable cause to arrest are valid; the magistrate balances "the relative weights of all the various indicia of ...
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 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 ›
Later, Calumpit threw the SIM card on Travis’ phone out the window and tossed the phone and gun into CJ Strike Reservoir, a probable cause affidavit said. Rosalie drove her to the reservoir, an ...
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