Oath Or Affirmation Requirement

12 Florida cases classified under this topic · sorted by citation count · browse and sort

• Clio King v. United States
  282 F.2d 398· 4th Cir.· 1960-09-07 ·cited 43×
  A search warrant is invalid if the supporting affidavit is based on a false oath by an unknown individual using a fictitious name.
• Equal Emp. Opportunity Comm'n v. K-Mart Corp. & K-Mart Enters., Inc.
  694 F.2d 1055· 6th Cir.· 1982-12-08 ·cited 39×
  The court held that the district court exceeded its authority by ordering depositions concerning the factual basis of the EEOC's charges, as the sufficiency of the charge must be determined from its face and Title VII does not authorize such discovery in subpoena enforcement proc
• United States v. Acosta
  501 F.2d 1330· 5th Cir.· 1974-10-10 ·cited 32×
  A search warrant issued based on an affidavit supplemented by the magistrate's unrecorded personal knowledge of the informant's reliability is invalid.
• Greci v. Birknes
  527 F.2d 956· 1st Cir.· 1976-01-09 ·cited 29×
  The court held that the 1973 extradition treaty between the U.S. and Italy imposes stricter evidentiary standards than 18 U.S.C. § 3190, requiring evidence to be given under oath or with warnings of penal sanctions.
• United States v. Shorter
  600 F.2d 585· 6th Cir.· 1979-06-21 ·cited 27×
  The court should reverse the case because the officer and magistrate failed to properly prepare and read information from the duplicate original warrant as required by the rule.
• State v. Lewis
  225 So. 2d 170· Fla. 2d DCA· 1969-06-27 ·cited 19×
  The State of Florida appeals the trial court's suppression of evidence from a search conducted under a warrant. The appellate court reverses, holding that the affidavit supporting the warrant contained sufficient factual bases—testimony from a reliable confidential informant abou
• United States ex rel. Jesse Pugh v. Pate
  401 F.2d 6· 7th Cir.· 1968-07-01 ·cited 16×
  The use of a fictitious name on an affidavit for a search warrant does not per se void the warrant under the Fourth Amendment absent a showing of prejudice to the petitioner.
• Gordon v. The State OF Idaho
  778 F.2d 1397· 9th Cir.· 1985-12-19 ·cited 12×
  The court held that the trial court's dismissal of the appellant's action should be affirmed.
• Crain v. State
  914 So. 2d 1015· Fla. 5th DCA· 2005-11-18 ·cited 5×
  Brian Crain challenges a violation of probation warrant issued based on an affidavit verified under Florida's general verification statute rather than sworn before a person authorized to administer oaths. The Fifth DCA holds that while the affidavit was defective, the good faith
• United States v. Luckey Richardson, Jr.
  943 F.2d 547· 5th Cir.· 1991-09-20 ·cited 4×
  The court held that the good faith exception to the exclusionary rule applies even when a warrant is technically invalid due to a magistrate's failure to administer a proper oath, as long as the officers acted with an objectively reasonable belief in the warrant's validity.
• United States v. Giancarli
  617 F. Supp. 551· S.D. Fla.· 1985-08-26 ·cited 1×
  The court held that evidence seized under an oral search warrant, where the affiant was not initially sworn but was sworn later and there was no prejudice or bad faith, should not be suppressed.
• United States v. Moore
  968 F.2d 216· 2d Cir.· 1992-06-25
  The court held that officers reasonably relied on a magistrate's probable cause determination under the good faith exception, despite technical warrant deficiencies, and affirmed the denial of the motion to suppress. The court also vacated and remanded Donahue's sentence for rese