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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 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.
In reality, case law has ruled out this exception in criminal law, because the witness should always be cross-examined in court; however, there is an exception to this exception for criminal cases: even though generally inadmissible to matters relating to criminal law, the exception has been carved out for actions relating to homicide cases ...
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]
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 ...
Aug. 13—Probable cause was found on Monday in Monongalia County Magistrate Court in the case of the Cheat Lake man accused in the April 19 shooting death of his wife. Rick Allen Cordes, 49, of ...
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 ...
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 ...