Summary
In Valencia, a police officer called a judge and read to the judge an unsworn affidavit and did not formally affirm the affidavit.
Summary of this case from State v. AngelOpinion
April 20, 1982.
Leave to appeal granted.
From Casetext: Smarter Legal Research
State v. Valencia
Supreme Court of New Jersey
Apr 20, 1982
93 N.J. 126 (N.J. 1982)
Summaries of
State v. Valencia
Supreme Court of New Jersey
Apr 20, 1982
93 N.J. 126 (N.J. 1982)
In Valencia, a police officer called a judge and read to the judge an unsworn affidavit and did not formally affirm the affidavit.
Summary of this case from State v. Angelstressing that upholding a warrant on the basis of an unsworn affidavit "subverts the reliability of the decisional process ... undermines the proper discharge of the judiciary's responsibility and clouds the judge's role in authorizing the search"
Summary of this case from State v. AngelCase details for
State v. Valencia
Case Details
Full title:STATE OF NEW JERSEY v. GUILLERMO LEON VALENCIA, FRANCISCO GOMEZ, ARTURO…
Court:Supreme Court of New Jersey
Date published: Apr 20, 1982
Citations
93 N.J. 126 (N.J. 1982)
459 A.2d 1149
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As a consequence, a defendant challenging a warrant "has the burden to prove `that there was no probable…
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