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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 ...
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 ...
Nieves v. Bartlett, 587 U.S. 391 (2019), was a civil rights case in which the Supreme Court of the United States decided that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment, unless officers under the circumstances would typically exercise their discretion not to make an arrest.
Devenpeck v. Alford, 543 U.S. 146 (2004), was a United States Supreme Court decision dealing with warrantless arrests and the Fourth Amendment.The Court ruled that even if an officer wrongly arrests a suspect for one crime, the arrest may still be "reasonable" if there is objectively probable cause to believe that the suspect is involved in a different crime.
During the course of a search an officer may develop reasonable suspicion or probable cause; once this has been developed the individual loses the right to revoke consent. However, in United States v. Fuentes (1997), the court found the "[m]ere refusal to consent to a stop or search does not give rise to reasonable suspicion or probable cause."
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
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.
For example, oxygen is necessary for fire. But one cannot assume that everywhere there is oxygen, there is fire. A condition X is sufficient for Y if X, by itself, is enough to bring about Y. For example, riding the bus is a sufficient mode of transportation to get to work.