What is the test for "robable cause" in the context of possession of a firearm?
MultiRegion, United States of America
The following excerpt is from U.S. v. Dunn, 946 F.2d 615 (9th Cir. 1991):
[P]robable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would "warrant a man of reasonable caution in the belief," Carroll v. United States, 267 U.S. 132, 162, [45 S.Ct. 280, 288, 69 L.Ed. 543] (1925), that certain items may be contraband or stolen property or useful as evidence of a crime; it does not demand any showing that such a belief be correct or more likely true than false.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a finding that a defendant possessed a firearm during the commission of a drug offence constitute an unlawful possession of a firearm? (MultiRegion, United States of America)
In what circumstances will a convicted felon be found guilty of possession of a firearm for receiving and possessing a firearm at separate times? (MultiRegion, United States of America)
Does a two-level enhancement under U.S.G. 2D1.1 for possessing a firearm in connection with the possession of a firearm? (MultiRegion, United States of America)
Is there any case law in which a defendant has argued that the sentencing of a defendant who has pleaded guilty to a charge of possession of a firearm with intent to endanger life and cause grievous bodily harm? (MultiRegion, United States of America)
What is the test for "robable cause" in the context of search and seizure cases? (MultiRegion, United States of America)
Is a convicted felon in possession of a firearm under the National Firearms Act? (MultiRegion, United States of America)
Under what circumstances will a maximum sentence be imposed on a defendant who has been convicted of a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm? (MultiRegion, United States of America)
What is the test for reasonable cause of arrest for possession of a firearm? (MultiRegion, United States of America)
What is the test for probable cause in a motion for possession of a firearm? (MultiRegion, United States of America)
What is the test for sustaining a conviction for possession of methamphetamine with intent to distribute, and for being a felon in possession of a firearm? (MultiRegion, United States of America)
