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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 ...
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.
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 ...
Justice Chimner, then 14, and Dewond Estes III, then 13, were looking to steal a car, which they would then exchange for money, according to a probable cause affidavit cited by WOOD-TV.
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 ...
A probable cause affidavit for her arrest does not detail how she was taken into custody or why there was a delay. French’s girlfriend and sister, who both lived with him in the apartment ...