TESTING AFFIDAVIT CREDIBILITY

• NCJ Number: 17182
• Journal: FBI Law Enforcement Bulletin Volume: 43 Issue: 10 Dated: (OCTOBER 1974) Pages: 26-30
• Author(s): P G DONAHUE
• Date Published: 1974
• Length: 5 pages
• Corporate Author: Federal Bureau of Investigation
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

A DISCUSSION OF JUDICIAL DECISIONS CONCERNING THE CREDIBILITY OF AFFADAVITS AND THE DEFENDANT'S RIGHTS TO CHALLENGE THEM.

Abstract

THE FEDERAL COURTS HAVE REFUSED TO ALLOW DEFENDANTS A GENERAL RIGHT TO ATTACK THE TRUTHFULNESS OF AN AFFIDAVIT, ABSENT AN INITIAL SHOWING OF POTENTIAL INFIRMITIES. HOWEVER, THEY HAVE BEGUN TO ACCORD DEFENDANTS THE RIGHT TO CHALLENGE THE TRUTHFULNESS OF AN AFFIDAVIT EITHER IN A HEARING ON A MOTION TO SUPPRESS EVIDENCE OR IN A SPECIAL EVIDENTIARY HEARING AFTER AN INITIAL SHOWING OF FALSEHOOD OR INCORRECT ASSERTIONS TO THE MAGISTRATE. THEY HAVE MADE IT CLEAR THAT THEY STAND READY TO INVALIDATE WARRANTS AND REVERSE CONVICTIONS IF, AFTER REMOVING THE ERRONEOUS MATERIAL, PROBABLE CAUSE DOES NOT EXIST. MORE THAN THAT, THEY HAVE ENUNICATED THAT A WILLFUL OR INTENTIONAL MISREPRESENTATION, WHETHER MATERIAL TO PROBABLE CAUSE OR NOT, WILL CAUSE THEM TO INVALIDATE THE WARRANT. (AUTHOR ABSTRACT)