Go Back   Suijuris Forums > Educational & Learning > Travel
User Name
Password

Reply
 
Thread Tools Display Modes
  #1  
Old 09-01-2007, 05:10 PM
palani's Avatar
palani palani is offline
Mental Jujitsu
 
Join Date: May 2005
Posts: 948
RAS - Probable Cause

Terry v. Ohio, 392 U.S. 21, 88 S.Ct. 1868 (1968)
"Reasonable Articulable Suspicion"

To believe that:
(1) a crime has been committed
(2) a crime is being committed, or
(3) a crime is about to be committed; AND
(4) the person about to be stopped is the person who did one of the above.


Probable cause - In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. It is also used to refer to the standard to which a grand jury believes that a crime has been committed. This term comes from the Fourth Amendment of the United States Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

If there is no crime there is no RAS or probable cause. Under common law there must be an injury for there to be a crime.
__________________
Its' a dog eat dog world and I am wearing milkbone underwear!!!
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -7. The time now is 01:03 PM.
Powered by vBulletin Version 3.5.1
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 2.4.0
2003-2007 Copyright by Law Research Group, LLC Terms of Use | Sitemap | Privacy Policy | Notice/Disclaimer