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In order to obtain a search warrant in the United States, a law officer must appear before a judge or magistrate and swear or affirm that they have probable cause to believe that a crime has been committed. The officer is required to present their evidence and an affidavit to a magistrate, setting forth the evidence. "An affidavit must provide ...
The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some ...
In Pennsylvania v. Labron [4] the US Supreme Court stated, "If a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits the police to search the vehicle without more." [3] The scope of the search is limited to only the area that the officers have probable cause to search.
Where the warrant was issued based on an affidavit containing intentionally or recklessly false information; Where the magistrate or judge who issued the warrant was not neutral and detached from the case; Where the warrant was issued based on an affidavit so clearly lacking support for probable cause
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Applicants for executive clemency must have tried and failed to obtain all other avenues for sentence reduction first, including expungement and judicial appeals.
The Nevada Supreme Court interpreted "identify" under the state's law to mean merely stating one's name. As of April 2008, 23 other states had similar laws. Additional states (including Arizona, Texas, South Dakota and Oregon) have such laws just for motorists , [ 6 ] [ 7 ] [ 8 ] which penalize the failure to present a driver license during a ...
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