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Franks Vs. Delaware
Cites for this judgment
- US Supreme Court
- Jun 26, 1978
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U.S. 154 (1978) U.S. Supreme Court Franks v. DelawareSearch
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U.S. 154 (1978) Franks v. DelawareSearch
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At the time of this statement, the police allegedly had not yet recited to petitioner his rights under Miranda v. ArizonaSearch
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Page 438 U. S. 160 this Court had reserved the general issue of subfacial challenge to veracity in Rendorf v. UnitedSearch
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court leaves the federal question open to review Page 438 U. S. 162 in this Court. Manhattan Life Ins. Co. v. CohenSearch
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beyond a reasonable doubt that the evidence complained of did not contribute to petitioner's conviction. Chambers v. MaroneySearch
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on that issue. We should note, in addition, why this case cannot be treated as was the situation in Rugendorf v. UnitedSearch
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the Fourth and Fourteenth Amendments, and the derivative exclusionary rule made applicable to the States under Mapp v. OhioSearch
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Judge Frankel, in United States v. HalseySearch
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put forth is believed or appropriately accepted by the affiant as true. It is established law, see Nathanson v. UnitedSearch
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Giordenello v. UnitedSearch
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U. S. 114 . Because it is the magistrate who must determine independently whether there is probable cause, Johnson v. UnitedSearch
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Jones v. UnitedSearch
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First, respondent argues that the exclusionary rule, created in Weeks v. UnitedSearch
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exclusionary rule when illegally seized evidence is used to impeach the credibility of a defendant's testimony, Walder v. UnitedSearch
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States, 347 U. S. 62 (1954), is used in a grand jury proceeding, United States v. CalandraSearch
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U. S. 338 (1974), or is used in a civil trial, United States v. JanisSearch
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application of the Fourth Amendment exclusionary rule in federal habeas corpus review of a state conviction. See Stone v. PowellSearch
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on tips received from unnamed informants whose identity often will be properly protected from revelation under McCray v. IllinoisSearch
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falsity will be exposed and confirmed without a special inquiry either at trial, see United States ex rel. Petillo v. NewSearch
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Jersey, 400 F.Supp. 1152, 1171-1172 (NJ 1975), vacated and remanded by order sub nom. Alanese v. YeagerSearch
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F.2d 275 (CA3 1976), or at a hearing on the sufficiency of the affidavit, cf. United States v. UpshawSearch
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of a perjury prosecution, administrative discipline, contempt, or a civil suit are not likely to fill the gap. Mapp v. OhioSearch
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Douglas noted this in his concurrence in Mapp, 367 U.S. at 367 U. S. 670 , where he quoted from Wolf v. ColoradoSearch
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the revelation of the identity of an informant once a substantial preliminary showing of falsity has been made. McCray v. IllinoisSearch
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evidence from the State's case where a Fourth Amendment violation has been substantial and deliberate. See Brewer v. WilliamsSearch
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McConnell v. StateSearch
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Davenport v. StateSearch
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State v. PayneSearch
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State v. PikeSearch
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People v. ArnoldSearch
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State v. BoydSearch
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State v. MelsonSearch
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So.2d 873, 874-875 (1973), limiting State v. AnselmoSearch
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Commonwealth v. ReynoldsSearch
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State v. LuciowSearch
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State v. NanoflSearch
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Mont. 344, 348, 502 P.2d 1138, 1140 (1972), sub silentio overruling State v. EnglishSearch
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State v. SperoSearch
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Commonwealth v. HallSearch
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State v. SachsSearch
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State v. DupawSearch
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