Search results
Results from the WOW.Com Content Network
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 ...
Gates, the Supreme Court held that the totality of the circumstances test should be used to assess whether an anonymous tip is sufficient to provide probable cause. [10] Writing for a majority of the Court, Justice William Rehnquist explained that a totality test was superior to a bright line rule because magistrates would not be "restricted in ...
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 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.
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
The Supreme Court of the United States held that "Where the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the ...
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
Hartman v. Moore (2006): The U.S. Supreme Court held that plaintiffs alleging retaliatory prosecution must show the absence of probable cause for the underlying charges. Lozman v. City of Riviera Beach (2018): Fane Lozman was arrested at a city council meeting after speaking during the public-comment period. He alleged the arrest was in ...