Reason To Believe In Mere's Existence

When a court decides whether or not to issue a search warrant, the elements of the informant’s credibility/reliability and basis of knowledge are to be used as guides when considering the totality of the circumstances and are

Bulsey & Anor v State of Queensland [2015] QCA 187 signified the requirements of legal justifications when conducting unwarranted arrests, and further expresses the importance of the right to personal liberty as it is ‘the most fundamental of the human rights recognised under the common law.’ It was evident to the Judges that at least one officer held reasonable suspicion that “the suspect” had committed an indictable offence, but the lawfulness of the arrest was inevitably questioned as to whether an officer with reasonable suspicion was the arresting officer. The judgements in favour of the appellants heightens the need for officers to use their powers within the ‘confines of the law’ when ‘forcibly arrest[ing] and detaining’ a person as to preserve the right to personal liberty, for once this right is left in the power of any authority, to imprison arbitrarily whomever they suspect, ‘there would soon be an end of all other rights and immunities.’

1.Probable cause is a set of facts surrounding a specific circumstances that leads a “reasonable person” to believe an individual is committing, has committed or is about to commit a crime. Probable cause is required in the instances of an arrest, search and seizure and the issuance of a warrant. To ESTABILISH reasonable cause the officer can use any trustworthy information. For example the office could use his/her experience, informant information, first hand observations or knowledge, victim reports, anonymous tips, or hearsay.

Previously this notion of ‘last resort’ was provided by common law and not statute, through several cases including Fleet v District Court [1999], where it was held that arrest is unnecessary if a summons could have been ordered by an officer before any further action was taken (as police could identify the accused) .

If there was no warrant for John's arrest this hearing will also determine if there is probable cause (Gerstein v. Pugh). Probable cause means that a reasonable ground exists for belief in the facts.

Reasonable Suspicion: is the legal standard by which a police officer has the right to briefly detain a suspect for investigatory purposes and frisk the outside of their clothing for weapons, but not drugs. While many factors contribute to a police officer’s level of authority in a given situation, the reasonable suspicion standard requires facts or circumstances that would lead a reasonable person to believe that a suspect has, is, or will commit a crime.

Thus, this leaves this determination up to the courts to decide case by case. Probable cause quantitates specific levels of suspicion and is based on facts and prudent belief of guilt, thus allowing a law enforcement officer to perform a warrantless search. Probable cause is more substantial than reasonable suspicion pertaining to the justification for an investigative detention. (Devallis Rutledge, 2010).

The Aguilar-Spinelli test states that a magistrate must be informed of the reasons to support the conclusion that such an informant is reliable and credible. The magistrate must be informed of some of the underlying circumstances relied on by the person providing the information which also went by the name of the “two-prong” test. The totality of circumstances cancelled out the “two-prong” test with the rules suggests that there is no single deciding factor, that one must consider all the facts, the context, and conclude from the whole picture whether there is probable cause, or whether an alleged detention is really a detention, or whether a citizen acted under

Probable cause is defined as a reasonable belief that a crime has been committed, that evidence is at the place being sear5ched or on the person being searched, or that a specific person is believed to have committed, is committing, or will commit a certain crime. Law enforcement cannot just go to a judge and say they have probable cause for a warrant. To obtain a warrant law enforcement needs something to substantiate their belief. The standard for probable cause to be met is for any reasonable person to believe based on the evidence or observations presented that indeed either a suspect has or is engaging in criminal activity, or that evidence exists at a certain location. Not all searches require probable cause to be established. The exception to the probable cause is reasonable suspicion. An example of this is a customs search. A custom search requires no warrant or probable cause be presented. But if a custom agent is going to detain a traveler for an extended

Preventative Detention Orders serve as a viable alternatives to judicial trials, by allowing Police to ‘detain or restrict the movement of individuals without charge or conviction’. External reviews of PDO’s by the Law Council of Australia has deemed these measures ‘justifiably balance security and civil liberties’ by prioritizing community safety over the presumed innocence of terror

The role of the custody officer was created by the Police and Criminal evidence act 1984 (PACE act). Throughout this essay I will be discussing the role of the custody officer and exploring the stages that must be undertaken when a person is detained and processed through custody post arrest. I will also discuss the various sections of the Human Rights Act 1998 that are affected when a person is detained, the limits of a persons detention, and the processes that must be undertaken if the custody officer wishes to extend the time that a person is kept in custody. I will be exploring the duties of the custody officer and what the job role entails on a day to day basis. Whatever is done by the custody officer is to be undertaken in a certain

It is true that reasonable suspicion is not probable cause to elicit some sort of a reaction for something or for someone but

Fourth, the facts that are alleged to establish probable cause must “supported by Oath or affirmation” (Hall, 2016.) In a

Probable cause is a requirement which can be found in the Fourteenth Amendment that must usually be met before an arrest can be made, before being allowed to conduct a search, seize property, and to receive a warrant which is related to the alleged crime. Probable cause is considered a level of reasonable belief, probable cause must be based on facts and not an assumption. In civil court, a person can be sued if they have probable cause, and in criminal court, the defendant can be prosecuted or arrested if they also have probable cause. If the officer cannot prove probable cause, unfortunately, the evidence then becomes inadmissible, and the evidence will be thrown out.

“A leader is one who knows the way, goes the way, and shows the way.” – Author John C. Maxwell. It is very important for the President of the United States to have sound leadership qualities because we, as citizens, look up to him. He is a role model and represents America as a whole. Three characteristics that would make an outstanding President would be honesty, patriotism, and commitment. Without these characteristics, a candidate would lack the ability to represent America, much less run the country properly.