Court of Special Appeals of Maryland· 11/6/1998

Braxton v. State

Citations

720 A.2d 27
123 Md. App. 599
1998 Md. App. LEXIS 188

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that a “police officer ultimately is responsible for his or her own actions, regardless of the error of a magistrate in approving the warrant request”
applying a clearly erroneous standard to review the circuit court’s determination that a warrant affidavit was not tainted by police misrepresentation under Franks v. Delaware
affidavit disclosed only that address had been learned from \further investigation\; affidavit did not report the existence of any informant who would have known suspect's address
\Abuse of discretion will not be found unless it is clear that there has been 'egregious prejudice' to the defendant.\
“We must determine if the judge who issued the search warrant had ‘a substantial basis for concluding that the evidence sought would be discovered in the place described in the application.’ ”
where affidavit reasonably implied residence to be searched was the defendant's, and probable cause existed to search defendant's residence, good faith doctrine could fill any potential gap in the factual basis underlying the affiant's assertions

Source: CourtListener parenthetical corpus (CC0).

Judges: Hollander, Byrnes, Adkins

Read full opinion on CourtListener

Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

Cites

102 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.