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1. reasonable suspicion 2. probable cause 3. arrest (including invoking the implied consent law) 4. criminal charge and "civil law" sanctions [54] The legal stages are relevant because of the degree of evidence required at each stage. (For example, the police need not demonstrate guilt "beyond a reasonable doubt" in order to execute a traffic ...
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 ...
Cathy E. Moore described the totality of the circumstances test as a "balancing approach" rather than a strict application of "analytical and evidentiary rules", [5] and Michael Coenen wrote that a totality of the circumstances test is the "antithesis" of an "inflexible checklist". [6]
An officer may conduct a patdown for weapons based on a reasonable suspicion that the person is armed and poses a threat to the officer or others. In Hiibel v. Sixth Judicial District Court of Nevada (2004), the Supreme Court held that statutes requiring suspects to disclose their names during a valid Terry stop did not violate the Fourth ...
It’s the second time in six months that a state lawmaker has been busted for driving above the legal limit for alcohol consumption.
A man in California was arrested shortly after the clock struck midnight on Jan. 1 for drunken driving after he claimed to be "the DUI" during a traffic stop.. The Murrieta Police Department in ...
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 ...
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