1.Probable Cause The court will likely find that Stallmart had probable cause for detaining White due to having a justifiable rationale behind the conclusion for theft. Indiana courts have required probable cause to only to exist “where the facts found on reasonable inquiry would induce a reasonably intelligent and prudent person to believe that the accused had committed the crime charged” (Cite). Courts application of this test places the burden of proofs upon the store claiming probable cause
There is an ongoing debate over whether or not Welfare recipients should be drug tested to receive the benefits. The lines of reasoning from both sides of this argument have unambiguous points. Those who oppose the idea of drug testing say that it is unconstitutional, and violates the Fourth Amendment. Furthermore, they claim that this law stereotypes and discriminates against the poor , implying that because they are poor, they must be drug addicts. However, individuals that support the law,
Police Interrogation Tactics A confession at any cost In the United States, law enforcement officers are infamously known for violating average citizen’s constitutional rights in order to get a confession. Instead of being innocent ‘til proven guilty, the roles are actually swapped. The minute you are booked for an alleged crime you may have committed, your chances of walking away are slim. But is this actually feasible? Is the law enforcement that is supposedly there to protect us, in reality
It is unfair to the millions of innocent people who just happen to be of the same skin color or have the same name to those who have committed crimes. Racial profiling is harmful, but there’s a difference as long as you have evidence or reasonable cause and for sure you know the whom the person is or what there doing then there’s no problem. At the end don’t judge a book by its cover.
many of us know this but, did you know that there are actually three types of confrontations with a police officer? Now you are probably thinking what those three types could be. Well, the three types are consensual encounters, a detention and probable cause to an arrest. In this paper I will be informing you about what happens in each confrontation and also what you may and may not do. Consensual encounters are the most common type of confrontations between people and police officers. A consensual
balance the results to see if the letter is applicable to use as reliable evidence since it is more consistent with our treatment of probable cause. You have to have credible evidence in other to consider probable cause to search someone’s home or property. This is why the totality of circumstances was adopted because it is easy to get distracted and do actions that will cause the evidence to be denied. Both tests are focused on the “veracity” or “reliability” and the “basis of knowledge”, but the two-pronged
Probable Cause This paper assumes that a police officer may or may not have “probable cause to arrest a defendant for armed assault” (AIU, 2016, para 1). I will address if the police officer had probable cause to believe that there is a person hiding in the third person’s garage, attached to the house (AIU, 2016, para 1). Accordingly, the police officer may need or not a warrant “to enter the garage to arrest the defendant” (AIU, 2016, para 2). An examination to “if the officer is in hot pursuit
What is a probable cause hearing? A probable cause hearing is a type of preliminary hearing where the judge decides if there was probable cause for arrest (Worrall, 2017). The Fourth Amendment requires the court to verify probable cause either before or soon after the suspect has been taken into custody. However, a probable cause hearing is not always required for every arrest. Understanding probable cause is very important to in order to understand the purpose of a probable cause hearing. This paper
the shopkeeper exception act due to having probable cause. Indiana courts have adopted a standard, which set forth the a test that “probable cause exists only where the facts found on reasonable inquiry would induce a reasonably intelligent and prudent person to believe that the accused had committed the crime charge.” Overall, a judge would likely find the factor of probable cause in favor of Stallmart. The court typically determines that probable cause can be inferred if an individual passes the
“An arrest is using legal authority to deprive a person of his or her freedom of movement. An arrest is generally made with an arrest warrant. An arrest may be made without a warrant if probable cause and exigent circumstances are presented at the time of the arrest.” (Cornwell University) An arrest may be due to criminal or civil proceedings. In each case, the person is placed in custody or under restraint usually for the purpose of compelling obedience to the law. If the arrest is during the
specific person that causes substantial emotional distress and serves no legitimate purpose. The action is to annoy, alarm, and emotionally abuse another person.” (Hitchcock, J. A. 2003.) Concerning this matter of being attack and how cyberstalking has increased as technology has evolved can be overwhelming by those that are suffering thought this ordeal. Now knowing the meaning of this crime and how it is perceived within the law is important to identify
Essay Title Probable cause in United States law is the standard by police authorities have a reason to obtain a warrant for the arrest of a suspected criminal because they could’ve been involved in some way of a crime. The standard also applies to personal or property searches. Can the police search you if they have reasonable suspicion? Reasonable suspicion is a very reasonable presumption that a crime has been, is being, or might be committed in the future. It is a reasonable belief based on facts
against unreasonable searches and seizures, and should not be violated, and no warrants should be issued, but upon probable cause sustained by Oath or affirmation, and specifically the place to be searched, and the persons or things to be seized.” (law.cornell, n.d.). With that being said, in order for the authorities to search and seize an individual, police officers must have probable cause that an individual has committed a crime, police officer must fill out a legal documentation with further details
often selling sketches or painting scenes of Old Vienna and it was a period that he himself later called the most miserable period of his life. Many of Hitler’s views of the world were shaped by his experiences on the streets of Vienna and it is probable that his violent anti-Semitism dates from this time. In 1924 Hitler was sentenced to five years in prison for his part in the Munich Putsch. During this time in prison Hitler began work on his book entitled Mein Kamph (My Struggle). The book outlines
Long and Short Term Causes of WWI There were several long-term events that led to the outbreak of World War One. The most prominent factors include: nationalism, militarism, imperialism, the Balkan and Morocco crises, and the alliance system. Ironically, these things were either started in response to, or upheld because of, one of the other factors. The alliance system was one of the last factors to emerge before the war. Consequentially, the contributions of this system to the beginning of
most believe to be true, infertility is caused by as many men as by women. In fact, about 40% of cases are att... ... middle of paper ... ...ialethics/Bioethics/ReproductiveTechnologies/sld001.htm(October 16, 1999). "Infertility: Potential Causes." (1997-1999). Baby Center. http://www.babycenter.com/refcap/4088.html. (October 16, 1999). "Infertility Tests: Men & Women." (1996). Better Health and Medical. http://www.betterhealth.com/HK/ArticleMain/0,1349,178-496-300,00.htm. (October 4, 1999)
la.htm). In the studies of bulimia nervosa there is a continuing debate concerning the underlying cause of the disease - whether it is physiological or psychological. Studies have found convincing results for both theories. Numerous links have been found between eating regulation and neurotransmitters. However, there is no clear evidence that neurotransmitter dysfunction is the underlying cause of bulimia nervosa. Of the neurotransmitters that have been tested, serotonin has had one of the largest
financially. Before their dream can be fulfilled, Lennie kills the wife of the boss's son. As the novel concludes George must kill Lennie for his own benefit. Later Lennie goes into town and abandons his dream by spending his money. The main cause of George and Lennie's lonesomeness and that of all the people at the ranch was a lack of a home. The only thing that kept the two men going was their friendship with each other and the hope to soon get a place of their own. In the novel George and
worse. In the Raisin in the Sun, the author Lorraine Hansberry, uses events of her life to relate and explain how the Younger family, of Chicago's South side, struggles and improves throughout the book. One main cause for their family's problems is because of money and how it causes anger to control the family. The play deals with situations in which the family is dealing with unhappiness from money. Walter, the man of the house in the Younger family, tries impressing Travis, his son, too much
Comparing The Grapes of Wrath and Anthem Two great intellectuals of the early twentieth century wrote works of fiction that have become classics; they espoused polar-opposite views, however, of how society best functions. Their battle between communalism, as pictured in John Steinbeck's The Grapes of Wrath, and individualism, as portrayed in Ayn Rand's Anthem, was played out in their novels, and still continues to this day. Based on Ayn Rand's book Anthem, Rand would definitely believe