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The Court established that Pa. Const. art. I, § 8 afforded greater protection to Commonwealth citizens than the Fourth Amendment, U.S. Const. amend. IV, and reaffirmed that the Pennsylvania Constitution requires both a showing of probable cause and exigent circumstances to justify a warrantless search of an automobile. [4] [5]
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 ...
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 ...
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
At a pretrial hearing on April 12, Judge Mark Herr ruled that the affidavit was legally sufficient to establish probable cause. Court documents, including witness statements and other information, were sealed at the request of the defense team, [ 18 ] [ 19 ] and Zimmerman's arraignment was scheduled for May 29. [ 18 ]
The probable cause standard for obtaining a search warrant is lower than the quantum of proof required for a later criminal conviction, which requires proof beyond a reasonable doubt. [10] Under the Fourth Amendment, search warrants must be reasonable and particular.
Magistrate Judge Annie T. Christoff, of the U.S. District Court for the Western District of Tennessee, is scheduled to oversee a probable cause and detention hearing in U.S.A. versus Lisa Jeanine ...
For the police to make a lawful arrest, the arresting officer(s) must have either probable cause to arrest, or a valid arrest warrant. A valid arrest warrant must be issued by a neutral judge or magistrate, who has determined there is probable cause for an arrest, based upon sworn testimony or an affidavit in support of the petition for a ...
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