probable cause vs. reasonable suspicion

1 similar search for probable cause vs. reasonable suspicion

cause probable reasonable suspicion vs

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1.592 documents for probable cause vs. reasonable suspicion

- Board of Ed. of Independent School Dist. No. 92 of Pottawatomie Cty. v. Earls, 536 U.S. 822 (2002)
... , in which this Court upheld the suspicionless drug testing of school athletes, the District Cour... Held: Tecumseh's Policy is a reasonable means of furthering the School District's importan...In contrast to the criminal context, a probable-cause finding is unnecessary in the public school ...
- U.S. Supreme Court
- Georgia V. Randolph, the Red-Headed Stepchild of an Ugly Family: Why Third-Party Consent Search Doctrine Is an Unfortunate Fourth Amendment Development That Should Be Restrained
[...] scholars argue that consent searches are not supported by the Constitution on their face because "reasonable" searches are founded on probable cause, and consent does not,per se, provide law enforcement officers with the requisite probable cause to validate a search.17 Second, condemning the weak standard of "voluntariness" by which courts determine the validity of a person's consent,18 scholars question whether an individual's consent can ever be genuinely voluntary in the face of government authority.19 If consent cannot possibly be given voluntarily in the face of government authority, then all consents are coerced, which renders all consents constitutionally invalid.20 The doctrinal justifications for targeted-party consent searches have been roundly criticized. A targeted-pa...

... because the landlord had only a suspicion, not actual knowledge of the distillery's presence...
- The William and Mary Bill of Rights Journal
- Vol. 18 Nbr. 2, December 2009
- USA vs Martin Dejesus, aka Martin Dejesus Perez, (11th Cir. 2011)
... stop of his minivan was not based on a reasonable suspicion of criminal activity; (2) his detention ... in criminal activity, even though probable cause is lacking.” United States v. Williams, 87...
- Federal Circuits

- The global visa regime and the political technologies of the international self: borders, bodies, biopolitics.
... crossing into this country, are reasonable simply by virtue of the fact that they occur at th... border bear two different standards: "probable cause" is replaced by "reasonable suspicion." Thus...
- Alternatives: Global, Local, Political
- Vol. 31 Nbr. 2, April 2006
- Jackie Dale Reagan, Kathy Reagan vs Mark Mallory, (11th Cir. 2011)
... established that Officer Mallory lacked probable cause to arrest Reagan for aggravated assault and ... law when an arrest is “objectively reasonable based on the totality of the circumstances.” Id.... cause requires more than a mere suspicion, but not the level of convincing proof necessary t...
- Federal Circuits
- State v. Ward, (Ohio 2011)
Prosecutors appeal of a motion to suppress; trial court used probable cause standard, rather than reasonable articulable suspicion, to evaluate the propriety of a traffic stop; prosecutor informed court that probable cause was the matter being review; probable cause is a correct standard for reviewing a traffic stop under Dayton v. Erickson (1996), 76 Ohio St.3d 3; trial court was within its discretion in sustaining the motion to suppress.
- Ohio Supreme Court
- State of Florida, Petitioner, vs. Anthony L. Hankerson, Respondent, (2011)
... from a search undertaken without probable cause. In its decision, the Fourth District refus... court so long as the argument has a reasonable basis in the record. If an appellate court, in con..., while the facts establish reasonable suspicion for the officer to have engaged in an investigator...
- Florida Supreme Court
- State v. Fears, (Ohio 2011)
Traffic stop; reasonable, articulable suspicion; probable cause; good faith; mistake of law
- Ohio Supreme Court
- USA vs Albert L. Tellechea, (11th Cir. 2011)
... the defendants had committed beyond a reasonable doubt. . 8 We have jurisdiction ... the Postal Service, or deposits or causes to be deposited any matter or thing whatever... the enterprise’s customers “made it probable that [the company] used identical deceptive and mi..., they argue that the agent’s mere suspicion that data might be lost was insufficient, as a mat...
- Federal Circuits
- State v. Griffith, (Ohio 2011)
Motion to suppress; Reasonable suspicion for a stop; Probable cause for arrest; Do not need field sobriety tests to show impairment; Odor of alcohol will not be indicator in determining impairment when impairment is from drugs.
- Ohio Supreme Court