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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 ...
Gates, the Supreme Court held that the totality of the circumstances test should be used to assess whether an anonymous tip is sufficient to provide probable cause. [10] Writing for a majority of the Court, Justice William Rehnquist explained that a totality test was superior to a bright line rule because magistrates would not be "restricted in ...
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.
A preliminary hearing is not always required, and some jurisdictions do not require it. Some states hold preliminary hearings in every serious criminal case. [11] Other states only have a preliminary hearing if the defense requests it; [12] Alternatively, some states only have them for felony cases. [13]
The police may not move objects in order to obtain a better view, and the officer may not be in a location unlawfully. These limitations were detailed in the case of Arizona v. Hicks, 480 U.S. 321 (1987). The plain view doctrine only eliminates the warrant requirement, not the probable cause requirement.
Magistrate Judge Annie T. Christoff, of the U.S. District Court for the Western District of Tennessee, is scheduled to oversee a probable cause and detention hearing in U.S.A. versus Lisa Jeanine ...
Some courts and scholars have suggested probable cause could, in some circumstances, allow for a fact to be established as true to a standard of less than 51%, [13] but as of August 2019, the United States Supreme Court has never ruled that the quantification of probable cause is anything less than 51%. Probable cause can be contrasted with ...
A federal appeals court ruled that the Justice Department can release a report on Donald Trump’s efforts to overturn his 2020 election loss, but kept in place a judge's order requiring a three ...