Legal Opinion
State v. Davey
Superior Court of Delaware
Decided June 24, 1952No. 46PublishedCited by 3 opinions
1Opinion of the Court
Terry, J.:
The first objection relates to the character of the task pertaining to the determination of “probable cause” upon which the search warrant was issued; that is, is the finding of “probable cause” a judicial or a ministerial function ?
The question can only be determined, it seems to me, in the light of certain provisions appearing in our Constitution, together with the enactment of Paragraph 5343-DD, Section 65, House Bill 300, Session of 1951, Volume 48, Laws of Delaware, which is an amendment to Chapter 155, Revised Code 1935.
The pertinent constitutional provisions are as follows:
Art…
2Cases cited11 opinions
- Levy v. AlbrightSupreme Court of Arkansas · 1942
- Driggs v. BurtonSupreme Court of Vermont · 1871
- Mitchell v. WallMassachusetts Supreme Judicial Court · 1873
- State v. TunnellSupreme Court of Missouri · 1924
- State v. Van BrocklinWisconsin Supreme Court · 1927
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3Cited by3 opinions
- Fairchild v. LockhartDistrict Court, E.D. Arkansas · 1987
- Caulk v. Municipal Court for City of WilmingtonSupreme Court of Delaware · 1968
- Freeman v. StateSupreme Court of Delaware · 1974