10 North Dakota opinions name it 1 courts 1983–2013 0 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Franks v. Delawaregreen2 sentences2013In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit.” Nelson , at ¶ 4 (quoting Franks, 438 U.S. at 155-56 , 98 S.Ct. 2674 ). [¶ 24] For probable cause to be established, “truthful” does not mean that every fact r 2013In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit.” Nelson , at ¶ 4 (quoting Franks, 438 U.S. at 155-56 , 98 S.Ct. 2674 ). [¶ 24] For probable cause to be established, “truthful” does not mean that every fact r | 3 | 6 |
State v. Rydberggreen2 sentences1999Id. (quoting Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978)). 1998State v. Rydberg, 519 N.W.2d 306, 308-09 (N.D.1994). | 1 | 2 |
State v. Ennisgreen1 sentence1989State v. Ennis, 334 N.W.2d 827, 831 (N.D.), cert. denied, 464 U.S. 992 , 104 S.Ct. 484 , 78 L.Ed.2d 681 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Rangeloff
green
2 sentences2004Ballweg, 2003 ND 153, ¶ 14 , 670 N.W.2d 490 (quoting Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978)). “ ‘A false affidavit statement under Franks is one that misleads the neutral and detached magistrate into believing the stated facts exist, and those facts in turn affect the magistrate’s evaluation of whether or not there is probable cause.’ ” State v. Jones, 2002 ND 193, ¶ 10 , 653 N.W.2d 668 (quoting State v. Rangeloff, 1998 ND 135, ¶ 9 , 580 N.W.2d 593 ). [¶ 8] The defendant has the burden to prove false statements were made intentionally or with reckless 2004Ballweg, 2003 ND 153, ¶ 14 , 670 N.W.2d 490 (quoting Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978)). “ ‘A false affidavit statement under Franks is one that misleads the neutral and detached magistrate into believing the stated facts exist, and those facts in turn affect the magistrate’s evaluation of whether or not there is probable cause.’ ” State v. Jones, 2002 ND 193, ¶ 10 , 653 N.W.2d 668 (quoting State v. Rangeloff, 1998 ND 135, ¶ 9 , 580 N.W.2d 593 ). [¶ 8] The defendant has the burden to prove false statements were made intentionally or with reckless | 3 | 2001–2004 |
State v. Jones
green
2 sentences2004Ballweg, 2003 ND 153, ¶ 14 , 670 N.W.2d 490 (quoting Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978)). “ ‘A false affidavit statement under Franks is one that misleads the neutral and detached magistrate into believing the stated facts exist, and those facts in turn affect the magistrate’s evaluation of whether or not there is probable cause.’ ” State v. Jones, 2002 ND 193, ¶ 10 , 653 N.W.2d 668 (quoting State v. Rangeloff, 1998 ND 135, ¶ 9 , 580 N.W.2d 593 ). [¶ 8] The defendant has the burden to prove false statements were made intentionally or with reckless 2004Ballweg, 2003 ND 153, ¶ 14 , 670 N.W.2d 490 (quoting Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978)). “ ‘A false affidavit statement under Franks is one that misleads the neutral and detached magistrate into believing the stated facts exist, and those facts in turn affect the magistrate’s evaluation of whether or not there is probable cause.’ ” State v. Jones, 2002 ND 193, ¶ 10 , 653 N.W.2d 668 (quoting State v. Rangeloff, 1998 ND 135, ¶ 9 , 580 N.W.2d 593 ). [¶ 8] The defendant has the burden to prove false statements were made intentionally or with reckless | 1 | 2004–2004 |
State v. Ballweg
green
2 sentences2004Ballweg, 2003 ND 153, ¶ 14 , 670 N.W.2d 490 (quoting Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978)). “ ‘A false affidavit statement under Franks is one that misleads the neutral and detached magistrate into believing the stated facts exist, and those facts in turn affect the magistrate’s evaluation of whether or not there is probable cause.’ ” State v. Jones, 2002 ND 193, ¶ 10 , 653 N.W.2d 668 (quoting State v. Rangeloff, 1998 ND 135, ¶ 9 , 580 N.W.2d 593 ). [¶ 8] The defendant has the burden to prove false statements were made intentionally or with reckless 2004Ballweg, 2003 ND 153, ¶ 14 , 670 N.W.2d 490 (quoting Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978)). “ ‘A false affidavit statement under Franks is one that misleads the neutral and detached magistrate into believing the stated facts exist, and those facts in turn affect the magistrate’s evaluation of whether or not there is probable cause.’ ” State v. Jones, 2002 ND 193, ¶ 10 , 653 N.W.2d 668 (quoting State v. Rangeloff, 1998 ND 135, ¶ 9 , 580 N.W.2d 593 ). [¶ 8] The defendant has the burden to prove false statements were made intentionally or with reckless | 1 | 2004–2004 |
State v. Holzer
green
2 sentences2003State v. Holzer, 2003 ND 19, ¶ 7 , 656 N.W.2d 686 ; State v. Rangeloff, 1998 ND 135, ¶ 9 , 580 N.W.2d 593 . 2003State v. Holzer, 2003 ND 19, ¶ 7 , 656 N.W.2d 686 ; State v. Rangeloff, 1998 ND 135, ¶ 9 , 580 N.W.2d 593 . | 1 | 2003–2003 |
Greenman v. United States
green
1 sentence1989State v. Ennis, 334 N.W.2d 827, 831 (N.D.), cert. denied, 464 U.S. 992 , 104 S.Ct. 484 , 78 L.Ed.2d 681 (1983). | 1 | 1989–1989 |
Ennis v. North Dakota
green
1 sentence1989State v. Ennis, 334 N.W.2d 827, 831 (N.D.), cert. denied, 464 U.S. 992 , 104 S.Ct. 484 , 78 L.Ed.2d 681 (1983). | 1 | 1989–1989 |
Hogg v. Mutual Life Ins. Co. of N.Y.
green
1 sentence1989State v. Ennis, 334 N.W.2d 827, 831 (N.D.), cert. denied, 464 U.S. 992 , 104 S.Ct. 484 , 78 L.Ed.2d 681 (1983). | 1 | 1989–1989 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.