Reasonable Suspicion - Law Dictionary Search Results
Home Dictionary Name: reasonable suspicionreasonable suspicion
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suspicion
suspicion : the act or an instance of suspecting something : a mental state usually short of belief in which one entertains a notion that something is wrong or that a fact exists without proof or on slight evidence see also reasonable suspicion sus·pi·cion·less adj ...
cause
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
warrant
warrant [Anglo-French warant garant protector, guarantor, authority, authorization, of Germanic origin] 1 : warranty [an implied of fitness] 2 : a commission or document giving authority to do something: as a : an order from one person (as an official) to another to pay public funds to a designated person b : a writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice [a of arrest] [by of commitment] administrative warrant : a warrant (as for an administrative search) issued by a judge upon application of an administrative agency anticipatory search warrant : a search warrant that is issued on the basis of an affidavit showing probable cause that there will be certain evidence at a specific location at a future time called also anticipatory warrant arrest warrant : a warrant issued to a law enforcement officer ordering the officer to arrest and bring the person named i...
Reason to believe
Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161.Reason to believe, does not mean a purely subjective satisfaction. The believe must be held in good faith. It cannot be merely a pretence, S. Narayanappa v. C.I.T., Bangalore, 1967 ITR 219: AIR 1967 SC 523.Reason to believe, is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot merely be a pretence, Partap Singh v. Director of Enforcement, AIR 1985 SC 989: (1985) 3 SCC 72.Means that reasons should exist but the court will not go into the adequacy of such reason, Manchand & Co. v. CIT, West Bengal, AIR 1969 Cal 431.Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the c...
Reasonable doubt
Reasonable doubt, does not mean some light, airy, insubstantial doubt that may fit through the minds of any of us about almost anything at some time or other; it does not mean a doubt begotten by sympathy out of reluctance to convict; it means a real doubt, a doubt founded upon reasons, K. Gopal Reddy v. State of Andhra Pradesh, AIR 1979 SC 387 (391): (1979) 2 SCR 363: (1979) 1 SCC 355.The doubt that prevents one from being firmly convinced of a defendant's guilt, or the belief that there is a real possibility that a defendant is not guilty, Black's Law Dictionary, 7th Edn., p. 1272.If a reasonable doubt arises in the mind of the court after taking into consideration the entire material before it regarding the complicity of the accused the benefit of such doubt should be given to the accused but the reasonable doubt should be a real and substantial one and a 'well founded actual doubt arising out of the evidence existing after consideration of all the evidenced. 'Hence a mere whim or a...
seizure
seizure : the act, fact, or process of seizing: as a : the seizing of property that involves meaningful interference with a person's possessory interest in it [ of evidence found in plain view] see also plain view b : the seizing of a person (as for arrest or investigation) see also arrest, stop compare search NOTE: The Fourth Amendment to the U.S. Constitution guarantees the right against unreasonable searches and seizures. It requires that a warrant may issue only upon probable cause, and that the warrant particularly describe the persons or things to be seized. Not all seizures, however, require a warrant. A seizure that constitutes an arrest requires probable cause to be reasonable, and a stop usually requires reasonable suspicion of the particular person or persons stopped, although stops like those at drunk driving checkpoints may be justified by a plan that places explicit and neutral limitations on the conduct of police officers with no requirement of individualized suspi...
search
search 1 : an exploratory investigation (as of an area or person) by a government agent that intrudes on an individual's reasonable expectation of privacy and is conducted usually for the purpose of finding evidence of unlawful activity or guilt or to locate a person [warrantless es are invalid unless they fall within narrowly drawn exceptions "State v. Mahone, 701 P.2d 171 (1985)"] see also exigent circumstances, plain view probable cause at cause, reasonable suspicion search warrant at warrant compare seizure NOTE: The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and requires that a warrant may issue only upon probable cause and that the warrant must particularly describe the place to be searched. Some searches, such as a search incident to an arrest, have been held to be valid without a warrant. administrative search : an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and usually to enf...
Terry stop
Terry stop [from Terry v. Ohio, 392 U.S. 1 (1968), case in which the right of police to stop and question a suspect was first discussed] : a stop and limited search of a person for weapons justified by a police officer's reasonable conclusion that a crime is being or about to be committed by a person who may be armed and whose responses to questioning do not dispel the officer's fear of danger to the officer or to others compare reasonable suspicion ...
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