Search results
Results From The WOW.Com Content Network
In the various states, a probable cause hearing is the preliminary hearing typically taking place before arraignment and before a serious crime goes to trial. The judge is presented with the basis of the prosecution's case, and the defendant is afforded full right of cross-examination and the right to be represented by legal counsel. If the ...
Finally, Justice Scalia argued that the Court's further interpretation of the Gerstein case to mandate that law enforcement must determine probable cause in a set amount of time was unnecessary; he felt that it was completely unrelated to clearing arrest-related administrative affairs or assigning a judge to the suspect's case. He also felt ...
Devenpeck v. Alford, 543 U.S. 146 (2004), was a United States Supreme Court decision dealing with warrantless arrests and the Fourth Amendment.The Court ruled that even if an officer wrongly arrests a suspect for one crime, the arrest may still be "reasonable" if there is objectively probable cause to believe that the suspect is involved in a different crime.
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.
Gates, probable cause was achieved for the warrant under the new "totality-of-the-circumstances" standard because the investigation by DEA and Detective Mader would have, on its own, been probable cause for a search warrant. [citation needed] The Gates' actions were suspicious because Florida is a known source of illegal drugs. Lance Gates ...
Here, it is uncontested that the officer, upon recovering the suspected cocaine, had probable cause to believe a felony had been committed; the question is whether he had probable cause to believe Pringle committed that crime. The "substance of all the definitions of probable cause is a reasonable ground for belief of guilt," Brinegar v.
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 ...
[6] Less-clearly defined in Australia, it depends on the circumstances of a case and often involves an assessment of the circumstances of a potential crime. Law has an overarching doctrine of reasonableness. It is derived from a hypothetical reasonable person, a standard by which a law is explained to a jury. The reasonable person, and ...