The Delaware Supreme Court has upheld a search warrant issued in a drug distribution case, reversing a prior decision by the state Superior Court to deny the warrant. In affirming the warrant, the high court said that trial court judges should give “substantial deference“ to the probable cause findings of the Justice of the Peace Court magistrate who issued the warrant.
“We hold that judges reviewing a magistrate’s decision to issue a search warrant must show substantial deference to the decision to issue a warrant by affirming its issuance as long as some evidence in the record supports the finding of probable cause, even if the absence of other information from the affidavit might suggest that a reviewing judge can draw a negative inference about probable cause based on the facts not discussed,” wrote Chief Justice Myron T. Steele on behalf of a three-judge panel in State v. Holden and State v. Lusby..
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