(DOWNLOAD) "Crain v. State" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Crain v. State
- Author : Supreme Court of Illinois
- Release Date : January 18, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The issue we address in this case is whe ther an arrest affidavit to secure a warrant for violation of probation is valid if it is verified under section 92.525, Florida Statutes (2003), but not sworn to before a person authorized to administer oaths. In Jackson v. State, 881 So. 2d 666 (Fla. 5th DCA 2004), we held that an affidavit to secure a warrant for violation of probation pursuant to section 948.06(1), Florida Statutes (2002), must be sworn to before a person authorized to administer oaths and that verification under section 92.525 is not appropriate. We consider this case en banc to provide additional reasoning for our decision in Jackson and to clarify that our holding in that case does not prohibit application of the good faith exception to the exclusionary rule to warrants obtained with affidavits verified under section 92.525. We will briefly discuss the factual and procedural background of this case, followed by a discussion of the oath requirement for arrest affidavits and the good faith exception.
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