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The "special needs" exception is an exception to the Fourth Amendment’s general requirement that government searches be supported by a warrant and probable cause. [1] The exception applies when (1) the government conducts programmatic searches that are primarily aimed at advancing some special need other than criminal law enforcement, and (2) the government’s search program is reasonable ...
The law provided that even if mental competency was not raised as an issue before conviction, if a board of examiners found probable cause to believe the defendant had been incompetent at the time of his trial, the court could vacate the judgment of conviction and grant a new trial.
However, there must be a formal institutional hearing, the prisoner must be found to be dangerous to himself or others, the prisoner must be diagnosed with a serious mental illness, and the mental health care professional must state that the medication prescribed is in the prisoner's best interest. 14th 1992 Riggins v. Nevada
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 ...
New Jersey v. T. L. O., [fn 1] 469 U.S. 325 (1985), is a landmark decision by the Supreme Court of the United States which established the standards by which a public school official can search a student in a school environment without a search warrant, and to what extent.
Reasonable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch ' "; [1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", [2] and the suspicion must be associated with the ...
In contrast, progressive Democrats described Neely’s death as emerging from systemic issues related to race, poor funding for mental health care and lack of social services for the homeless.
In the context of searches of children by school officials, however, the U.S. Supreme Court held in New Jersey v. T. L. O. (1985) that the public interest in maintaining the school environment "'is best served by a Fourth Amendment standard of reasonableness that stops short of probable cause'". [3]