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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!


How much evidence is needed to show probable cause?

Probable cause requires a reasonable belief that a crime has been committed or that evidence of a crime is present in a specific location. The evidence does not need to meet the level of proof beyond a reasonable doubt, but it must be more than mere suspicion or speculation. Typically, law enforcement officers must present facts or circumstances that would lead a reasonable person to conclude that a crime is likely occurring or has occurred. The determination of probable cause is often made by a judge or magistrate based on the totality of the circumstances.


Can any judge give you permission to leave state?

Yes, a judge can grant permission to leave a state, especially in cases involving legal restrictions such as probation, parole, or custody agreements. The individual typically must file a request with the court, explaining the reasons for travel and any relevant circumstances. The judge will consider the request based on the specifics of the case and any potential impact on legal obligations or responsibilities. Ultimately, the decision is at the discretion of the judge.


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.


When a judge overturns a jury's verdict it is known as?

When a judge overturns a jury's verdict, it is known as a "judgment notwithstanding the verdict" (JNOV) or simply a "judgment n.o.v." This legal action occurs when the judge concludes that no reasonable jury could have reached the given verdict based on the evidence presented. It allows the judge to set aside the jury's decision and render a different ruling.


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.


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.


If your parents give the permission to be emancipated can you be emancipated?

Yes, if a judge of competent jurisdiction agrees.