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]
It is composed of two parts – Book One of the Revised Penal Code provides the general provisions on the application of the law, and the general principles of criminal law. It defines felonies and circumstances which affect criminal liability, justifying circumstances and circumstances which exempt, mitigate or aggravate criminal liability ...
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.
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.
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]
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
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 ...