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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 ar enough to warrant a prudent person to consider 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 roadway merely requires that the facts available to the officer warrants a man of commonsensical caution to conclude that certain items may be contraband or stolen property or useful as demo 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 no. Amendment, prohibits an officer from making an arrest without probable fountain. McKenzie v. Lamb, 738 F.2d 1005, 1007 (9th Cir. 1984) . Probable trend exists when the facts and circumstances within the arresting officers knowledge are competent to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime. linked 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-wide 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 aim 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 plaintiff is bound to show total absence of probable cause, whether the legalize proceedings were civil or criminal (The Lectric, 1995)....If you want to capture a full essay, order it on our website: BestEssayCheap.com

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