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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 ...
In order to obtain a search warrant in the United States, a law officer must appear before a judge or magistrate and swear or affirm that they have probable cause to believe that a crime has been committed. The officer is required to present their evidence and an affidavit to a magistrate, setting forth the evidence. "An affidavit must provide ...
The release of the 38-page document comes a day after a federal judge ordered the DOJ to unseal the affidavit — which details the probable cause on which the search warrant was based — without ...
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 ...
A newly unsealed FBI affidavit revealed a clearer timeline of the probe into Trump’s handling of top secret ... “There is probable cause to believe that additional documents that contain ...