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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 affidavit of probable cause said Thomas tried to set his father's body on fire with a lighter after he moved it to a bathroom. When that failed, Thomas cleaned the knife and cleaned up areas ...
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 ...
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 ...
According to an affidavit of probable cause filed by Pennsylvania State Police, troopers were first called to the home on June 13, 2009 to investigate a burglary that had happened sometime overnight.
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 ...