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Does a criminal history warrant reasonable suspicion?
Reasonable suspicion is a Fourth Amendment constitutional standard that can be based on multiple factors. Stemming from the 1961 landmark case in Terry v. Ohio, a police officer may only stop, seize or otherwise detain a person if that officer can point to specific and articulable facts that the person seized has, is, or will violate the law. Specific facts don't have to be legal violations themselves and are often only tenuously related to any potential legal violations. Courts often cite time of day, whether the person stopped is in a "high crime area," and whether a person appears nervous as factors supporting reasonable suspicion for a stop. Reasonable suspicion cannot be based on a mere hunch of the officer. Generally, an officer's knowledge that someone has a criminal record would not in and of itself rise to reasonable suspicion for a stop. However, in combination with other factors, such as proximity to another crime, or other "suspicious" behavior, criminal record can be relevant in determining whether reasonable suspicion for a stop. Ultimately, any such question will be up to a judge who reviews whether a reasonable police officer under the totality of the circumstances had sufficient facts to believe the person stopped had or was violating the law.
Can a trooper search a car without reason?
A trooper under the Patriot act can search a car if they have reasonable suspicion something is wrong. They can also search a car for no reason if they have a warrant from a judge.
How do you get permission from a judge to perform an illegal action?
No judge will (or can) give you permission to perform an illegal act.
Does the court require your permission to be your judge?
NO!
Identify three exceptions to the ''knock and announce'' rule?
When there is a reasonable suspicion that evidence will be destroyed if officers knock and announce their presence. When there is a threat of physical harm to the officers or others if they follow the knock and announce rule. When officers have obtained a "no-knock" warrant from a judge authorizing them to enter a property without announcing their presence.
How do you use reasonable person standard in a sentence?
The judge applied the reasonable person standard to determine if the defendant's actions were justified in self-defense.
The jury is instructed by the judge to declare the defendant not guilty if there is any what?
REASONABLE doubt.
What gives law enforcement officials permission to go through someones property?
Law enforcement officials typically need a search warrant issued by a judge based on probable cause to search someone's property. In some cases, they may conduct a search without a warrant if there are exigent circumstances or if the person consents to the search.
Can you ask a judge for permission to be with a minor?
No you can not ask a judge to be with a minor sexually. Nor can the parents give permission. The minor have to have reached the age of consent, being emancipated or married in order to have sex legally. If this is regarding dating and not sex that is up to the parents. I seriously doubt any judge would go against that.
If your parents give the permission to be emancipated can you be emancipated?
Yes, if a judge of competent jurisdiction agrees.
What states send you to jail instead of issuing tickets?
When you sign the ticket you are not saying that you are guilty or innocent, you are promising that you will either show up to court or pay the fine. If you refuse to sign the ticket just about any state will send you to jail. If they have reasonable suspicion that you won't be showing up, the police can send someone to jail until they speak to the judge.
Why haven't your court appointed lawyer been to visit you?
If you are brought before a Judge before you have had any time with your PD , tell the Judge. Ask permission to speak first.
