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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 ...
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 ...
A detention requires only that police have reasonable suspicion that a person is involved in criminal activity. However, to make an arrest, an officer must have probable cause to believe that the person has committed a crime. Some states require police to inform the person of the intent to make the arrest and the cause for the arrest. [19]
reasonable belief by police in the validity of a search warrant: Asahi Metal Industry Co. v. Superior Court of California: 480 U.S. 102 (1987) due process, personal jurisdiction, Minimum contacts: Arizona v. Hicks: 480 U.S. 321 (1987) probable cause relating to the plain view doctrine under the Fourth Amendment: United States v. Dunn: 480 U.S ...
The Court noted that to require more than probable cause would harm law enforcement, while to allow less than probable cause would "leave law-abiding citizens at the mercy of the officers' whim or caprice." [4] Nonetheless, the Court cautioned, probable cause still requires "a reasonable ground for belief of guilt." Thus, the Court announced ...
In its Terry decision, the Supreme Court found that the police should have the power to search, even without probable cause, to protect themselves from weapons. [6] The Terry stop operates under the assumption that although stop-and-frisk is an intrusion, the potential harm from weapons outweighs it.
During the course of a search an officer may develop reasonable suspicion or probable cause; once this has been developed the individual loses the right to revoke consent. However, in United States v. Fuentes (1997), the court found the "[m]ere refusal to consent to a stop or search does not give rise to reasonable suspicion or probable cause."
University of Tennessee Professor Thomas Y. Davies argues that Leon's objectively reasonable reliance test allows for evidence obtained from all but the most grossly deficient warrants, thereby obviating the Fourth Amendment's mandate that "no warrants shall issue, but upon probable cause", and that courts have commonly foregone performing an ...
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