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What is probable 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 are enough to warrant a prudent person to count 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 street merely requires that the facts available to the officer warrants a man of commonsensible caution to conclude that certain items may be scandalous or stolen property or useful as constitute 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 agent. McKenzie v. Lamb, 738 F.2d 1005, 1007 (9 th Cir. 1984). Probable induct exists when the facts and circumstances within the arresting officers knowledge are adapted to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime. twin States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir. 1989), cert. denied, 489 U.S.

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 world(a) justice and the good of the community require that the matter should be examined, there is said to be a probable cause for, making a charge against! the accused, however malicious the devise 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 legitimatize proceedings were civil or criminal (The Lectric, 1995)....If you want to mesmerise a full essay, order it on our website: BestEssayCheap.com

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