Search results
Results from the WOW.Com Content Network
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 ...
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.
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 ...
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.
The cause was found to be: “The faulty execution of an engine-out approach.” Delta Flight 1141 Delta Air Lines Flight 1141, a Boeing 727 flying between Dallas-Fort Worth and Salt Lake City on ...
Case history; Prior: Franks v. State, 373 A.2d 578 (Del. 1977): Subsequent: Franks v. State, 398 A.2d 783 (Del. 1979): Holding; Where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.
Aug. 13—Probable cause was found on Monday in Monongalia County Magistrate Court in the case of the Cheat Lake man accused in the April 19 shooting death of his wife. Rick Allen Cordes, 49, of ...