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In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. [1] One definition of the standard derives from the U.S. Supreme Court decision in the case of Beck v.
Probable cause to arrest must exist before the arrest is made. Evidence obtained after the arrest may not apply retroactively to justify the arrest. [104] When police conduct a search, the amendment requires that the warrant establish probable cause to believe the search will uncover criminal activity or contraband.
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 warrant. [11] The arrest warrant must specifically identify the person to be arrested. [12]
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.
To apply for a search warrant, the application itself has to show that the detective has probable cause to a) believe a crime has been committed and b) believe evidence of the crime will be found ...
Reasonable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch ' "; [1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", [2] and the suspicion must be associated with the ...
Police issued an arrest warrant for a man they have charged with allegedly raping a child in Adams County, according to court records. Warren Schelhaus, 40, who was identified as an East Berlin ...
The man’s girlfriend and sister both identified Wilkins-Jones as the shooter in a photo lineup, according to the probable cause affidavit for Wilkins-Jones's arrest. 'This needs to stop': Man ...
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