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In early cases in the United States, the Supreme Court held that when a person is on probation, the standard required for a search to be lawful is lowered from "probable cause" to "reasonable grounds" [10] or "reasonable suspicion". Specifically, the degree of individualized suspicion required of a search was a determination of when there is a ...
The "special needs" exception is an exception to the Fourth Amendment’s general requirement that government searches be supported by a warrant and probable cause. [1] The exception applies when (1) the government conducts programmatic searches that are primarily aimed at advancing some special need other than criminal law enforcement, and (2) the government’s search program is reasonable ...
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.
A probable cause hearing for Lazo has been scheduled for Nov. 15 at 9 a.m. Nour Rahal is a trending and breaking news reporter. Email her nrahal@freepress.com. Follow her on Twitter @nrahal1 .
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.
Michigan has a statutory scheme, enacted in 1917, that quickly became known as the "one-man grand jury" law, allowing a judge to investigate whether probable cause exists to suspect a crime has been committed. The law authorizes a judge to investigate, subpoena witnesses, and issue arrest warrants, but not to issue indictments. [23]
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
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