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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 ...
Brown v. Texas, 443 U.S. 47 (1979), was a United States Supreme Court case in which the Court determined that the defendant's arrest in El Paso, Texas, for a refusal to identify himself, after being seen and questioned in a high crime area, was not based on a reasonable suspicion of wrongdoing and thus violated the Fourth Amendment.
Carol S Vance, "The 1967 Amendments to the Texas Code of Criminal Procedure; A Prosecutor's Reflections" (1968) 10 South Texas Law Journal 214 or 215; John F Onion Jr and Warren E White, "Texas Code of Criminal Procedure: Its 1965 & 1967 changes affecting Corporation Courts and Police Practices" (1968) 10 South Texas Law Journal 92
Texas law requires a person to provide their name, residence address and date of birth if lawfully arrested and asked by police. (A detained person or witness of a crime is not required to provide any identifying information; however, it is a crime for a detained person or witness to give a false name.)
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody.
The court dissent in Atwater precluded the sole use of probable cause in Whren v. United States, 517 U.S. 806 (1996), in which the Court had held that, on balance, it was reasonable to allow the police to effect a traffic stop whenever they suspected a violation of the traffic laws, although a traffic stop was a seizure. But, because of the ...
The independent office that reviews allegations against House members found probable cause that Rep. Troy Nehls of Texas converted campaign funds to personal use, triggering an investigation by ...
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 ...