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  2. › criminal › criminal-rightsProbable Cause - FindLaw

    Dec 29, 2021 · At that moment, the arresting officer must have probable cause to believe the person committed a specific crime. Probable cause for arrest exists when facts and circumstances known by the police officer would lead a reasonable person to believe that the suspect has committed, is committing, or is attempting to commit a crime.

  3. The two of them went to the Detention Home. The deputy probation officer, Flagg, who was also superintendent of the Detention Home, told Mrs. Gault "why Jerry was there," and said that a hearing would be held in Juvenile Court at 3 o'clock the following day, June 9. Officer Flagg filed a petition with the court on the hearing day, June 9, 1964.

  4. (a) An arresting officer may search the arrestee's person to discover and remove weapons and to seize evidence to prevent its concealment or destruction, and may search the area "within the immediate control" of the person arrested, meaning the area from which he might gain possession of a weapon or destructible evidence. Pp. 395 U. S. 762-763.

  5. Dec 10, 2020 · A police officer is justified in using an amount of force that matches the force that is being used against them, or is necessary to protect the safety of the officer or others who may be at risk. An office arresting a subject who is actively resting can use more force than one arresting a suspect who is calm and cooperative.

  6. Miranda v. Arizona: Under the Fifth Amendment, any statements that a defendant in custody makes during an interrogation are admissible as evidence at a criminal trial only if law enforcement told the defendant of the right to remain silent and the right to speak with an attorney before the interrogation started, and the rights were either exercised or waived in a knowing, voluntary, and ...

  7. Jan 09, 2022 · In McClelland, the Supreme Court re-established the previously long-standing rule that a defendant may not be held for court based on hearsay alone. The Supreme Court overruled both prior decisions of the Superior Court and found that a defendant has a due process right to a preliminary hearing which does not consist entirely of hearsay.

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