Friday, October 18, 2013

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What is equiprobable trend? A sound belief that a soul has useted a crime. The test the court of appeals employs to govern whether probable courting existed for purposes of arrest is whether facts and circumstances within the officers intimacy atomic number 18 enough to warrant a prudent person to call up a suspect has committed, is committing, or is about to commit a crime. U.S. v. Puerta, 982 F.2d 1297, 1300 (9th Cir. 1992). In terms of seizure of items, probable private alley merely requires that the facts available to the officer warrants a man of logical caution to conclude that certain items may be bootleg or stolen property or useful as political programt of a crime. U.S. v. Dunn, 946 F.2d 615, 619 (9th Cir. 1991), cert. Denied, 112 S. Ct. 401 (1992). It is undisputed that the Fourth Amendment, applicable to the states through the ordinal number Amendment, prohibits an officer from making an arrest without probable bowel movement. McKenzie v. La mb, 738 F.2d 1005, 1007 (9th Cir. 1984). Probable progress to exists when the facts and circumstances within the arresting officers knowledge are ample to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime. coupled States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir. 1989), cert. denied, 489 U.S.
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825 (1990) (citing United States v. Greene, 783 F.2d 1364, 1367 (9th Cir. 1986), cert. denied, 476 U.S. 1185 (1986)). When there are grounds for suspicion that a person has committed a crime or misdemeanor, and common justice and the good of the community require that the matter should be ex amined, there is said to be a probable cause! for, making a charge against the accused, however malicious the plan of the accuser may have been. And probable cause will be presumed till the contrary appears. In an action, then, for a malicious prosecution, the complainant is bound to show total absence of probable cause, whether the licit proceedings were civil or criminal (The Lectric, 1995)....If you want to tempt a full essay, order it on our website: BestEssayCheap.com

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