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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 ...
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.
[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 ...
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 ...
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 ...
Tennessee v. Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the ...
An equally persuasive argument is the probable destruction of evidence. This is a model case demonstrating the urgency involved in arresting the suspect in order to preserve evidence of the statutory violation. "Sometimes the nature of the evidence will be such that it will soon disappear of its own accord."