Search for: ""Franks v. Delaware" OR "438 U.S. 154"" Results 21 - 40 of 43
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4 May 2010, 1:30 pm by mjpetro
Delaware, 438 U.S. 154 (1978), and found that, although Smith's affidavit was inaccurate in some respects, Billian "failed to demonstrate by a preponderance of the evidence that the affidavit contained deliberate lies or a reckless disregard for the truth. [read post]
11 Apr 2014, 4:55 am by SHG
Delaware, 438 U.S. 154 (1978). [read post]
12 Jun 2018, 7:33 am by Jonathan Holbrook
Delaware, 438 U.S. 154 (1978), where the defense alleges that a search warrant is invalid because the affidavit supporting it contained a false statement, without which there was insufficient probable cause to issue the warrant. [read post]
23 Sep 2011, 3:00 am by Susan Brenner
Delaware, 438 U.S. 154 (1978), the Supreme Court considered the issue of false information’s being used to get a search warrant. [read post]
22 Jan 2010, 10:32 am by Susan Brenner
Delaware, 438 U.S. 154 (1978), the Supreme Court held that if a defendant proves by a preponderance of the evidence that an officer knowingly or with reckless disregard for the truth included false information in an affidavit used to get a search warrant, the court must decide if the affidavit would have justified issuing the warrant if that information hadn’t been included. [read post]
4 Oct 2009, 7:03 pm
Zazi or any target of intercepted calls had a privacy interest and was subjected to electronic surveillance was being used or was about to be used by a “foreign power” or an “agent of a foreign power; The last allegation is: The FISC application papers contain false statements, recklessly made, in violation of Franks v, Delaware, 438 U.S. 154 (1978). [read post]
31 Oct 2012, 6:07 am by Susan Brenner
Delaware, 438 U.S. 154 (1978), the Supreme Court held that if a defendant shows the government deliberately or recklessly includes false information in a search warrant affidavit, the court must void the warrant and the results of the search if the information was necessary to finding probable cause. [read post]
17 Mar 2021, 9:57 am by Phil Dixon
Delaware, 438 U.S. 154 (1978), based on alleged material omissions from the search warrant affidavit. [read post]
8 Feb 2019, 11:40 am by Michael Lowe
United States, 338 U.S. 160, 176, 69 S.Ct. 1302, 1311, 93 L.Ed. 1879 (1948); Woodward v. [read post]
16 Feb 2021, 1:46 pm by Phil Dixon
Error to deny evidentiary hearing on IAC claim for failure to investigate and present mitigating evidence of brain damage; district court properly denied alleged Brady and Batson violations U.S. v. [read post]