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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 ...
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.
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.
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."
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 ...
Often, the format is a structured interview during which a standard worksheet is completed. The worksheet follows the format of the presentence report and provides space for recording data about the offense and the offender's characteristics and history. Each item on the form is reviewed with the defendant.
The defendant had argued that anticipatory warrants in general violated the Fourth Amendment's requirement that "no Warrants shall issue, but upon probable cause," because the anticipated probable cause does not exist at the time of the warrant's issuance. The Court first noted that the courts of appeals had unanimously rejected this argument ...