What factors are considered in determining whether there is sufficient basis to arrest a particular individual for a given crime?

MultiRegion, United States of America

The following excerpt is from U.S. v. Fisher, 702 F.2d 372 (2nd Cir. 1983):

Other factors to be considered in determining whether there is a sufficient basis for arresting a particular individual for a given crime include whether the locale and the time of day increase the likelihood that the individual suspected is the person sought. For example, if the person sought is Black and the neighborhood under surveillance is predominantly Black, the presence of a Black person on the street will have less significance than it would if the neighborhood were predominantly White. See, e.g., United States v. Shavers, 524 F.2d 1094, 1095 (8th Cir.1975) ("The population ... was estimated at trial to be about 50% black, and a great number of men stand about 5' 8"' in height.... At 9 o'clock on any weekday morning, many individuals answering to the broadcast description could be found in a business district such as the one where Shavers was arrested.").

Other Questions


What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What factors are considered to be a factor in determining whether a person has a disability? (MultiRegion, United States of America)
What factors are considered in determining whether a defendant has a history of similar crimes? (MultiRegion, United States of America)
What is the test for determining whether there is sufficient evidence to determine whether there was persecution against Elias Zacarias? (MultiRegion, United States of America)
What factors are considered determinative when determining whether a plaintiff has a disability? (MultiRegion, United States of America)
What factors must be considered in determining whether an arrest warrant should be issued to a suspect who is not wearing a seatbelt? (MultiRegion, United States of America)
What factors will the Court consider when determining whether an individual is a Convention refugee from Sri Lanka? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.