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affidavit
(redirected from affiant)

   Also found in: Dictionary/thesaurus, Legal, Wikipedia, Hutchinson 0.04 sec.

affidavit

Written statement made voluntarily, confirmed by the oath or affirmation of the party making it, and signed before an officer empowered to administer such oaths. It usually names the place of execution and certifies that the person making it states certain facts and appeared before the officer on a certain date and “subscribed and swore” to the statement.


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The lower court agreed that a constitutional violation occurred and held that the affiant was not entitled to qualified immunity as any reasonable officer would have concluded from just a cursory look at the warrant that it was invalid.
83 (1980) (An informant who "had given information to [the affiant officer] on previous occasion and which was correct," stated that he had purchased heroin from the defendant on many occasions, the last time being 1 day ago, and the defendant still had a ready supply of heroin on-hand in his apartment.
Some courts have concluded that it is so obvious that criminals keep the fruits and implements of their criminal activities in their homes that it is not necessary for affiants to even mention that fact in their affidavits when obtaining a search warrant for a criminal's residence.
 
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