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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 criminal affidavit of probable cause against Rigo said state investigators subsequently obtained the voter certificates for those 347 ballots. One of those certificates was for Rigo’s vote ...
The victim, who has not been named, suffered a single gunshot wound to the abdomen, according to an affidavit of probable cause. 15-year-old boy charged with attempted homicide in Springettsbury ...
According to an affidavit of probable cause filed by Penn Township police, officers were called to a home in the 500 block of Baltimore Street in Penn Township around 8:40 a.m. on Thursday morning ...
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 ...
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some ...
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