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 ...
In the United States, totality tests are used as a method of analysis in several different areas of the law. [3] For example, in United States criminal law, a determination about reasonable suspicion or probable cause is based on a consideration of the totality of the circumstances. [4]
Under the Fourth Amendment to the United States Constitution, most police searches require a search warrant based on probable cause. [9] The absence of valid consent or an exception to the warrant requirement (whether for purposes of effecting a search or an arrest) normally requires a warrant for police entry in an individual's home. [9]
For a law-enforcement officer to legally seize an item, the officer must have probable cause to believe that the item is evidence of a crime or is contraband. The police may not move objects in order to obtain a better view, and the officer may not be in a location unlawfully.
Republic Act No. 386, the Civil Code of the Philippines (1949). Act No. 3815, the Revised Penal Code of the Philippines (1930). The 1987 Constitution of the Republic of the Philippines. Luis B. Reyes, The Revised Penal Code: Criminal Law 20 (1998, 14th ed.). Antonio L. Gregorio, Fundamentals of Criminal Law Review 50-51 (1997).
Dareton police search the vehicle of a suspected drug smuggler in Wentworth, in the state of New South Wales, Australia, near the border with Victoria.. Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and ...
Definition and use A.C., [1] administrative case [2] N/A: English A case brought under administrative law in the form of a quasi-judicial proceeding by an agency of a non-judicial branch of government, or, the Office of the Court Administrator. Normally, such cases are internal disciplinary matters—court cases criminal and civil can be ...
In the United States, an arrest without a warrant still requires probable cause – in the case of an arrest without a warrant, probable cause must be promptly filed. [5] An arrest without warrant is generally allowed when: The person has committed a felony or misdemeanor, and the officer has witnessed it