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· 8/26/2015

Marcus Louis James v. State

How courts have described this case

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

  • recognizing the “the trial’s truth-seeking function” and instructing trial judges to exercise their discretion over witness testimony in service of it
  • holding that statement that “criminals often communicate through cellular phones” and allegation that, after an arrest warrant had been issued for Buckham’s arrest, he posted on social media about getting arrested did not provide a substantial basis to support a probable cause finding
  • stating that the affidavit supporting a warrant application must contain facts adequate for a judicial officer to form a reasonable belief that a crime has been committed and the property to be seized will be found in a particular place
  • in response to an affidavit observation that “many people communicate through cellular phones, the Court comments “who doesn’t in this day and age?”
  • “As for Buckham’s challenge to the warrant’s particularity and breadth, we review those questions de novo.”
  • “Even with the deference we owe to a magistrate’s probable cause finding, these sorts of generalized suspicions do not provide a substantial basis to support a probable cause finding.”

Source: CourtListener parenthetical corpus (CC0).

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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.