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Topic: Probable cause


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  Legal Definition of Probable Cause   (Site not responding. Last check: 2007-10-21)
The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime.
In terms of seizure of items, probable cause merely requires that the facts available to the officer warrants a "man of reasonable caution" to conclude that certain items may be contraband or stolen property or useful as evidence of a crime.
Probable cause exists when "the facts and circumstances within the arresting officer's knowledge are sufficient to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime." United States v.
www.lectlaw.com /def2/p089.htm   (243 words)

  
 Probable cause - Wikipedia, the free encyclopedia
Gates (1983) lowered the threshold of probable cause by ruling that a "substantial chance" or "fair probability" of criminal activity could establish probable cause.
In the United States a probable cause hearing is the preliminary hearing that typically takes place after 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.
And since the phrase probable cause first occurs in the United States Bill of Rights, which was defining the law, it has been suggested that probable cause must be defined, not in terms of law, but in terms of connection between the accused and an injured victim.
en.wikipedia.org /wiki/Probable_cause   (720 words)

  
 Probable Cause   (Site not responding. Last check: 2007-10-21)
Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution or prudence in the belief that a crime has been or is being committed.
U.S. Probable cause is what would lead a person of reasonable caution to believe that something connected with a crime is on the premises of a person or on persons themselves.
Probable cause is the sum total of layers of information and synthesis of what police have heard, know, or observe as trained officers.
faculty.ncwc.edu /toconnor/315/315lect06.htm   (2080 words)

  
 Probable Cause
Nevertheless, the factual basis supporting an officer's assessment of probable cause is at least as stringent as that which is applied when a magistrate weighs the facts in determining whether or not to issue an arrest warrant.
The standard for determining reliability of victims and informers in establishing probable cause for a warrantless arrest seem to be the same as in the case of evaluating an affidavit to determine probable cause for a search warrant.
It must be remembered that it has been held that probable cause may rest upon the collective knowledge of the police when there is some degree of communication between them, rather than solely on the information possessed by the officer who actually makes the arrest [The USSC Gates Rule].
chiron.valdosta.edu /elwassma/CRJU2100/StudyAids/probable_cause.htm   (2805 words)

  
 Knowledge Base: Probable Cause
You establish the existence or non-existence of probable cause by showing that the facts in your case are similar to, or can be distinguished from, those of other cases where probable cause has been found or not found.
"Noting that probable cause is a flexible, common-sense standard, the court stated that it merely requires that the facts available to an officer would warrant a man of reasonable caution in the belief that certain items may be contraband or stolen property or useful as evidence of a crime.
In short, based upon these facts Beshears had probable cause to believe that appellant and Andrew were attempting to unlawfully take merchandise from the store premises and their detention for further investigation was fully justified under the provisions of the special shoplifting statute.
www.csudh.edu /dearhabermas/prblcaus.htm   (1199 words)

  
 Dishonest Probable Cause Guidelines   (Site not responding. Last check: 2007-10-21)
This says that probable cause may be based on the unsupported and unproven statements of a female or her speculation of what a male might do in the future.
The decision to arrest must be based on whether or not probable cause exists that the crime occurred, not on whether or not the victim wishes to seek complaints or wishes to testify at a future date.
When probable cause to arrest exists, and the suspect has fled the scene: The officer will have the dispatcher advise area patrols, including other jurisdictions where they believe the suspect to be going, in order for those patrols to attempt to find and arrest the suspect.
home.earthlink.net /~elnunes/pcause2.htm   (1300 words)

  
 Probable Cause Hearing Standards
Having concluded that the burden of proof for SVP probable cause hearings is analogist to that of a criminal preliminary hearing, the Court also concludes that they should apply the same standard of review.
Rather, to reject the prosecution evidence at the probable cause stage, either the evidence presented must be inherently implausible, the witness must be conclusively impeached, or the demeanor of the witness must be so poor that no reasonable person would find them credible.
In essence, therefore, the probable cause hearing can be characterized as a battle of experts, some more credible than others, but all failing to consider all of the required elements, and all applying the wrong definition of the only element in dispute.
www.geocities.com /CapitolHill/Rotunda/4027/probable_cause.htm   (1412 words)

  
 Forensic-Evidence.com: Police Procedures / How Probable Is Probable Cause"?
Probable cause is a fluid concept – turning on the assessment of probabilities in particular factual contexts – not readily, or even usefully, reduced to a neat set of legal rules.
We have stated, however, that the substance of all the definitions of probable cause is a reasonable ground for belief of guilt, and that the belief of guilt must be particularized with respect to the person to be searched or seized.
The probable cause for the arrest of all three, vanished with respect to the driver and the rear seat passenger once Pringle admitted – and was believed by the police – that only he was guilty and that the other two had no knowledge of the cocaine.
www.forensic-evidence.com /site/Police/pringle.html   (1998 words)

  
 Probable Cause   (Site not responding. Last check: 2007-10-21)
The approach to the airport is dangerously dotted with various structures, along with a number of slaughterhouses, which attract birds, a main cause of airplane accidents everywhere.
Nevermind that it was probably due to his skill that six people actually survived such a crash; he was at the controls.
With the final, sickening blow falling on July 18th, an FIR was lodged against the dead pilot by the Gardanibagh police, based on statements by one of the crash survivors, one who probably owes her life to the dead pilot.
www.freshlimesoda.com /features/cause.htm   (1161 words)

  
 TWA Flight 800 Probable Cause Announced
The National Transportation Safety Board (NTSB) concluded that the probable cause for the crash of TWA Flight 800 in July 1996 was an explosion within the aircraft's center wing fuel tank.
FIRO believes that the probable cause for the crash of TWA Flight 800 was an explosion caused by an external ignition source.
Rather, the main goals of FIRO are to factually establish that an external initiating event caused the demise of TWA Flight 800, and to compel the proper investigative agencies to re-open the TWA Flight 800 investigation so that the cause of the accident may be firmly established.
flight800.org /probable_cause.htm   (803 words)

  
 probable cause
Probable cause is a set of conditions that an agent must feel are satisfied before an arrest will be made.
probable cause and evidence of the elements of a crime.
probable cause and the person is being detained for committing a violation of gaming law, or to protect hotel guests and staff from harm.
www.casinosurveillancenews.com /probable_cause.htm   (1476 words)

  
 Probable Cause to Stop, Detain and Arrest
As in any criminal prosecution, probable cause to stop the driver of a motor vehicle may be an issue in a drunk driving case.
Lacking sufficient cause, any evidence obtained as a result of the stop-which should include all evidence except observations of driving, must be suppressed.
Finally, if there existed probable cause to detain the individual for a field investigation (field sobriety tests and brief questioning) there must still exist a considerably greater amount of evidence of intoxication to warrant an arrest.
www.drunkdriving-california.net /probable_cause.html   (415 words)

  
 Resource Guide - hospitalization - probable cause   (Site not responding. Last check: 2007-10-21)
A more frequent outcome of the probable cause hearing is a settlement agreement, which is similar to a plea bargain in the criminal justice system.
It is possible to go directly to a probable cause hearing by way of a three-party petition.
The purpose of the probable cause hearing is to determine whether the ill person is an appropriate candidate for commitment.
www.namiwisconsin.org /library/resourceguide/hospital_probable.cfm   (389 words)

  
 SurfWax: News, Reviews and Articles On Probable Cause
PT KAI spokesman Ahmad Sujadi said the probable cause of the accident was overcrowding, particularly due to passengers sitting on the roof.
The probable cause of the crash was "the pilot's mismanagement of the fuel supply, which resulted in fuel starvation and subsequent loss of engine power," a National Transportation Safety Board report states...
As amended after 9/11, the law says the government needs probable cause, the constitutional gold standard, to believe the subject of the surveillance works for a foreign power or a terrorist group, or is a lone-wolf terrorist...
www.lawkt.com /files/Probable_Cause.html   (4366 words)

  
 Search Warrants: What They Are and When They're Necessary   (Site not responding. Last check: 2007-10-21)
Police officers obtain search warrants by convincing a judge or magistrate that they have "probable cause" to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.
If the magistrate believes that the affidavit establishes probable cause to conduct a search, he or she will issue a warrant.
If the police have probable cause to search the car, all compartments and packages that may contain the evidence or contraband being searched for are fair game.
www.nolo.com /lawcenter/ency/article.cfm/objectID/50CD91FC-B21D-4BE7-BA4818C8E29AC758   (1358 words)

  
 Welcome to the Official Probable Cause Website!
Probable Cause is a group of Shawnee, Kansas police officers dedicated to combating violence and drug abuse.
With every performance, the officers of Probable Cause seek to promote the concept that an individual can, and should, make a difference in the world.
Probable Cause performs at schools and community events across the Kansas City Metropolitan area.
www.probablecauserocks.com   (134 words)

  
 Probable cause - Law terms   (Site not responding. Last check: 2007-10-21)
It is that degree of belief necessary which will cause law enforcement to say that under the totality of the circumstances a crime has been or is about to be committed.
Probable cause is often more subjective then objective.
The reasonable belief, based on facts and circumstance presented, that a crime has been committed.
www.encyclopedia-wiki.org /encyclopedias/lawglossary/Probable-cause.html   (162 words)

  
 PROBABLE CAUSE - Dance 'til ya Drop!
PROBABLE CAUSE performed at Mt. Hood Village on New Years Eve 2005 and rang in the New Year with a great bunch of people.
Booking PROBABLE CAUSE is easier and probably a lot less expensive than you may think.
PROBABLE CAUSE is a local, Portland band that's been around since 1987 Rock'N the house!
www.probablecause.com   (320 words)

  
 AVweb Closeup: The John Denver Crash
Based the weight and balance document and estimates of the airplane's probable fuel load at the accident flight's departure from Monterey, gross weight and CG conditions were calculated and are appended to this report.
According to the report, the cause of death was multiple blunt force trauma.
The National Transportation Safety Board determines the probable cause of this accident was the pilot's diversion of attention from the operation of the airplane and his inadvertent application of right rudder that resulted in the loss of airplane control while attempting to manipulate the fuel selector handle.
www.avweb.com /other/ntsb9905.html   (4852 words)

  
 Probable Cause For Alarm
It's not that bad cause I don't know anybody so I wouldn't be out drinking either way.
If marriage is so important and sacred, maybe people shouldn't do it just for shits and giggles, then try to undo it a month and a half later cause your spouse doesn't cook the eggs right on Wednesday morning.
The fact is, both sides have pretty much nothing to stand on in why the government should adopt their viewpoint.
generatefreud.blogspot.com   (788 words)

  
 Probable Cause Drummers
Mo is currently taking a break from playing with Probable Cause to focus on other musical projects.
While with Probable Cause, Mo played for thousands of school kids throughout Shawnee.
At left, Gregg is seen performing with Probable Cause at a 2002 Benefit Show for injured Shawnee Police Officer John Davis.
www.probablecauserocks.com /drummers.html   (279 words)

  
 Re: Probable CAuse   (Site not responding. Last check: 2007-10-21)
If you think about it---the tiny drop of blood (and some drops known ONLY to MF on the bottom of the door) are used as Probable Cause to get into the Rockingham Estate.
By 7AM, they are needing Probable Cause to get into the house.
And does it seem ODD to you that for whatever reason, the finding of the alleged bloody glove is not probable cause to declare the scene a crime scene and that it wasn't until the blood drops are found that the place was declared.
www.smartfellowspress.com /_Iago08/0000011b.htm   (172 words)

  
 Probable Cause Australia - Issue 9
Probable Cause Australia is the only Australian magazine dedicated to the JFK assassination.
Due to the falling subscription rates to "Probable Cause" and the ever increasing cost of making the magazine, we have decided that this will be the last year "Probable Cause" will run.
John Stockwell, a former CIA task force chief, looked at the cables and stated that he thought there was a 90 to 95% probability that they were genuine.
roswell.fortunecity.com /angelic/96/pcissu9.htm   (21904 words)

  
 Definition of Probable Cause | FlexYourRights.org
Probable cause Facts or evidence that would lead a reasonable person to believe that a crime has been, is being, or will be committed and the person arrested is responsible
Probable cause generally means police know what crime they suspect you of and have discovered evidence to support that belief.
Common examples include seeing or smelling evidence which is in plain view, or receiving an admission of guilt for a specific crime.
www.flexyourrights.org /facts/probable-cause-definition.html   (516 words)

  
 Rock & Rosmarin, LLP   (Site not responding. Last check: 2007-10-21)
Malicious prosecution - An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.
When a mistrial is declared, the trial must start again from the selection of the jury.
Murder - The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.
www.rocklaw.net /dictionary.html?L=M   (726 words)

  
 ABA Public Education: The Police & Your Rights: What is probable cause?
ABA Public Education: The Police and Your Rights: What is probable cause?
Probable cause is defined as facts sufficient to support a reasonable belief that criminal activity is probably taking place or knowledge of circumstances indicating a fair probability that evidence of crime will be found.
It requires more than a mere "hunch," but less than proof beyond a reasonable doubt.
www.abanet.org /publiced/practical/criminal/probablecause_whatis.html   (135 words)

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