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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 ...
California v. Acevedo, 500 U.S. 565 (1991), was a decision of the United States Supreme Court, which interpreted the Carroll doctrine to provide one rule to govern all automobile searches. The Court stated, "The police may search an automobile and the containers within it where they have probable cause to
Johnson v. United States, 333 U.S. 10 (1948), was a significant United States Supreme Court decision addressing search warrants and the Fourth Amendment.In this case, where federal agents had probable cause to search a hotel room but did not obtain a warrant, the Court declared the search was "unreasonable."
The original formulation included three factors. First, the officer must be lawfully present when viewing the evidence or contraband. Second, the officer must immediately (without further search) have probable cause to believe that the item is either contraband or evidence of a crime. [5]
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 ]
United States v. Ross, 456 U.S. 798 (1982), was a search and seizure case argued before the Supreme Court of the United States.The high court was asked to decide if a legal warrantless search of an automobile allows closed containers found in the vehicle (specifically, in the trunk) to be searched as well.
The main question posed in this case was how the Fourth Amendment should be applied to searches of third parties, in which "state authorities have probable cause to believe that fruits, instrumentalities, or other evidence of crime is located on identified property but do not have probable cause to believe that the owner or possessor of that ...
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.