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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 ...
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]
According to witnesses, they and Pierce had been drinking at a downtown Erie tavern on Saturday night, the investigating officer wrote in the complaint's affidavit of probable cause.
Blair Watts, a former business partner of 43-year-old mother Jennifer Brown, was arrested and charged with her murder, the Montgomery County District Attorney announced Thursday.
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.
In the United States, an arrest without a warrant still requires probable cause – in the case of an arrest without a warrant, probable cause must be promptly filed. [5] An arrest without warrant is generally allowed when: The person has committed a felony or misdemeanor, and the officer has witnessed it
“It sucks being a 24-7 caregiver,” Watts told detectives, according to the arrest warrant affidavit. Watts claimed her mother asked her to shoot her, but Watts said she was not going to do so ...