Search results
Results From The WOW.Com Content Network
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 ...
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some ...
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
The probable cause standard "is a practical, nontechnical conception affording the best compromise that has been found for accommodating [the] often opposing interests" in "safeguarding citizens from rash and unreasonable interferences with privacy and from unfounded charges of crime" and in "giving fair leeway for enforcing the law in the ...
Grand Juries are the unassociated, impartial group of more than 12 citizens who decide whether a prosecutor has probable cause to continue a case. Indictment is defined by Article 21.01 of the Code. Depositions are statements made under oath during a trial in which facts or information are shared.
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.
Get AOL Mail for FREE! Manage your email like never before with travel, photo & document views. Personalize your inbox with themes & tabs. You've Got Mail!
Under this rule, a set of facts gathered from a detailed tip, observations, or a combination of both, satisfy the requirements for probable cause. A robust showing of either informant reliability or knowledge from the officers can compensate for a deficiency in a respective requirement rather than having to analyze each prong independently.