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In Australian criminal law, reasonable and probable grounds most prominently regulates police officers as a precondition of the exercise of certain powers in their function as enforcers of the law. [1] Based on Australian common law, it is a prerequisite of most police powers (including arresting without a warrant, [2] searching without a ...
Reasonable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch ' "; [1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", [2] and the suspicion must be associated with the ...
In the criminal code of some European countries, notably Sweden, probable cause is a higher level of suspicion than "justifiable grounds" in a two level system of formal suspicion. The latter refers only to the suspect being able to and sometimes having a motive to commit the crime and in some cases witness accounts, whereas probable cause ...
t. e. The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one's own life ( self-defense) or the lives of others, including, in certain circumstances, the use ...
Lamer C.J. (paras. 1-3) R v Feeney, [1997] 2 S.C.R. 13 is a leading decision of the Supreme Court of Canada on the right, under section 8 of the Canadian Charter of Rights and Freedoms against unreasonable search and seizure. The Court held that the police are not permitted to enter into someone's house without a search warrant .
Law portal. v. t. e. In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice ( malice aforethought ...
Generally where retreat is available in the circumstances, the decision to stand your ground is more likely to be unreasonable. The sections of the Canadian criminal code that deal with self-defense or defense of property are sections 34 and 35, [4] respectively. These sections were updated in 2012 to clarify the code, and to help legal ...
The open-fields doctrine (also open-field doctrine or open-fields rule ), in the U.S. law of criminal procedure, is the legal doctrine that a " warrantless search of the area outside a property owner's curtilage " does not violate the Fourth Amendment to the United States Constitution. However, "unless there is some other legal basis for the ...