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9 Jul 2010, 1:11 pm by We Don't Judge - We Defend
Gonzalez and Garcia, 35 FLW 1402, 2nd DCA, Search warrant - Facts as alleged in pc affidavit, which reference uncorroborated tip that the def's were allegedly growing marijuana and selling cocaine, failed to demonstrate reasonable probability that contraband would be found in the residence at the time the warrant was issued. [read post]
21 Nov 2007, 7:29 am
Despite an investigation that Ann Marie Gordon, a Seattle state toxicology lab manager, had sworn in affidavits that she had "examined and tested" solutions that she had not, in fact, tested, no charges were filed. [read post]
19 Sep 2017, 10:26 pm by Wolfgang Demino
The law is clear that affidavits are not admissible at trial.[1] Defendant accordingly objects to all portions of Alphabet's affidavit that purport to adduce facts about the case. [read post]
10 Jun 2010, 12:51 pm
The Second Department found that the affidavit of plaintiff's treating chiropractor sufficiently raised a triable issue of fact as to whether she sustained a causally related serious injury to her cervical and lumbar spine. [read post]
6 May 2015, 9:41 am by Cassie Preston
  The term “navigable waterways of the United States” refers to bodies of water that are navigable in fact. [read post]
3 Aug 2007, 4:41 am
Moreover, its accompanying affidavit failed to confirm status and title. [read post]
13 May 2014, 2:30 pm by Guest & Gray
  The Court of Appeals also clarified that the trial courts are to just look to the facts of the affidavit and if they were true, would that justify having a hearing. [read post]
10 Sep 2013, 3:22 am by Andrew Trask
It was particularly reassured by an affidavit from a claims administrator that the plaintiff submitted. [read post]
14 Sep 2018, 7:23 pm by Randall Hodgkinson
The KSC acknowledged that a district court judge must consider all of the facts of the case, even if it cannot weigh aggravating factors against mitigating factors. [read post]
30 Dec 2007, 6:42 am
Affidavit for a search warrant is different that an affidavit to show probable cause for an arrest. [read post]
31 Jan 2011, 12:21 pm by David M. Trontz
The judge will determine if probable cause exists based on the facts alleged in the affidavit. [read post]
9 Sep 2011, 9:29 am by admin
An affidavit is a declaration or statement in writing made by a person who has personal knowledge of certain facts. [read post]
14 Jan 2013, 12:19 pm
    When the officer applies to the Judge for the search warrant authorizing him or her to draw a person's blood, the officer must prepare an affidavit of the facts that the officer believes will show that probable cause exists that evidence of a crime (Driving While Intoxicated) will be found in the body of the person under arrest. [read post]
28 Dec 2010, 8:10 am by Matt Conigliaro
His dissent included an interesting discussion (on what the majority characterized as an unpreserved issue) regarding whether a trial court can consider facts regarding qualifications that appear in an affidavit served after the limitations period expires. [read post]
1 Apr 2011, 6:41 am by Paul Freehling
 However, when the court required submission of an affidavit to that effect, the defendants declined on the ground that the information at issue was protected by the Fifth Amendment. [read post]
9 Feb 2007, 6:26 am
Also, his father's after the fact affidavit that he was coerced into consent was hardly credible. [read post]
21 Apr 2012, 12:07 pm by Richard Hornsby
Sticks and stones May break my bones But words will never hurt me As many commentators have opined, including myself, Angela Corey’s probable cause affidavit to support a charge of Second Degree Murder is not only a stretch, but extremely lacking in objective facts. [read post]