evidence here that the affiant
, Agent Koplik, knew the warrant was
62) The affiant
of the oath was required to deny "that he ha[d] ever `been in armed hostility to the United States, or to the lawful authorities thereof,'" or "that he ha[d] ever, `by act or word,' manifested his adherence to the cause of the enemies of the United States, foreign or domestic.
The trial court ruled that even if the nurse practictioner who signed the plaintiff's affidavit of merit (which was required by law) was qualified under Michigan law to certify that the applicable standard of care was breached by the defendants, the affiant
was not qualified to certify that the breach proximately caused the plaintiff's' injuries.
Thus, in Kalman, the district court ruled that a prejudgment writ of replevin should not have issued when the only supporting affidavit to an unverified complaint merely attested to the fact that the affiant
read the complaint and certified that the matters stated therein were true and correct.
Despite the inference drawn by the affiant
from his experience, the court found that "[i]n the affidavit before us there was nothing to indicate that evidence of the crime was kept at, or picked up from, the defendants's residence other than the mere fact that the defendant was suspected of being a criminal.
The most prevalent abuse was the admission of ex parte affidavits accusing the defendant without an opportunity to question the affiant
, illustrated best by Sir Walter Raleigh's 1603 treason trial where the principal witness, Lord Cobham, was never made to testify.
LEGAL COMMENTARY: Nevada law provides that the affidavit of a person who draws blood from another for analysis by an expert is admissible to provide: (a) the occupation of the affiant
or declarant; (b) the identity of the person from whom the affiant
or declarant drew the sample; (c) the fact that the affiant
or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; (d) the identity of the person to whom the affiant
or declarant delivered it.
The Leon Court itself cited circumstances in which behavior would be objectively unreasonable, and therefore subjective good faith would be irrelevant: Suppression therefore remains an appropriate remedy if the magistrate or judge in issuing a warrant was misled by information in an affidavit that the affiant
knew was false or would have known was false except for his reckless disregard for the truth.
395) A contrary interpretation (that is, an interpretation that would allow either side to flood the record with otherwise inadmissible written statements) would unduly inhibit the right of a party "to conduct such cross-examination as may be required for a full and true disclosure of the facts," (396) or burden "them [with] assuming] the expense of calling the affiants
reasonableness of [the] fear' that led the affiants
to respond to
CCW founder and chairman Joe Malvar Villegas and Carlo Batalla, CCW secretary general were the affiants
in the case and were represented by Attorney Raymund Fortun.