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Criminal Procedure

2013

Criminal Procedure

Stephen W. Gard

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Bearing False Witness: Perjured Affidavits And The Fourth Amendment, Stephen W. Gard Mar 2013

Bearing False Witness: Perjured Affidavits And The Fourth Amendment, Stephen W. Gard

Stephen W. Gard

The purpose of this Article is to articulate appropriate legal doctrine to govern the problem of false statements of fact by law enforcement officers in warrant affidavits. This Article addresses the issue in the context of actions brought pursuant to 42 U.S.C. ยง 1983 to redress such Fourth Amendment violations. This perspective promises to be interesting and unique for two reasons. First, the fact that the guilty are ordinarily the direct beneficiaries of the Fourth Amendment has long been a matter of grave concern. In contrast, rarely, if ever, will anyone except an innocent victim of a search based ...