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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 ...
Blair was commonwealth’s attorney for Perry County. He said on his LinkedIn page he had held the job since January 2019. Commonwealth’s attorneys prosecutor felony crimes in Kentucky.
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]
Magistrate Judge Annie T. Christoff, of the U.S. District Court for the Western District of Tennessee, is scheduled to oversee a probable cause and detention hearing in U.S.A. versus Lisa Jeanine ...
The attorney added that the Department of Justice was waiting for the conclusion of the trial of Brett Hankison, currently slated for October, to set a date for the trial of Jaynes and Meany.
An Amish man found his slain pregnant wife in the middle of a grisly murder scene in their northwest Pennsylvania home, according to court documents made public Monday.
An application was submitted to a magistrate judge for the Eastern District of California requesting an "anticipatory" search warrant, so-called because it is based upon the probable cause that at some time in the future (but not at present) certain evidence of a crime will be located at a specified place). An affidavit accompanying the warrant ...
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