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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 ...
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.
Case history; Prior: 85 Ill. 2d 376, 423 N.E.2d 887; cert. granted, 454 U.S. 1140 (1982).: Holding; The rigid "two-pronged test" under Aguilar and Spinelli for determining whether an informant's tip establishes probable cause for issuance of a warrant is abandoned, and the "totality of the circumstances" approach that traditionally has informed probable cause determinations is substituted in ...
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.
Lozman v. City of Riviera Beach, 585 U.S. ___ (2018), is a case in which the United States Supreme Court decided that the mere existence of probable cause for an arrest did not bar the plaintiff's First Amendment retaliatory arrest claim, but deferred consideration of the broader question of when it might.
Brinegar v. United States, 338 U.S. 160 (1949), was a United States Supreme Court case employing the "reasonableness test" in warrantless searches.The Court held that while the police need not always be factually correct in conducting a warrantless search, such a search must always be reasonable.
Law enforcement officers had probable cause to confiscate the firearms from Robert Card and take him into protective custody before he went on a shooting rampage in northern Maine, but failed to ...
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.