What Is Probable Cause, and Why Should We Care?: The Costs, Benefits, and Meaning of Individualized Suspicion.

The writer focuses on the moral component of probable cause as more important than its quantitative, qualitative, and temporal dimensions. He observes that “individualized suspicion” gives probable cause its vitality, with the other three components playing a supporting role. In order to fully und...

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Detalles Bibliográficos
Publicado en:Law & Contemporary Problems Vol. 73; no. 3; pp. 145 - 211
Autor principal: Taslitz, Andrew E.
Formato: Artículo
Publicado: Duke University Summer2010
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Acceso en línea:Ver este registro en EBSCOhost
Descripción
Sumario:The writer focuses on the moral component of probable cause as more important than its quantitative, qualitative, and temporal dimensions. He observes that “individualized suspicion” gives probable cause its vitality, with the other three components playing a supporting role. In order to fully understand individualized suspicion—the idea that the state should judge each citizen based upon his own unique actions, character, thoughts, and situation—he examines both probable cause and its junior counterpart, reasonable suspicion, based on the Supreme Court's approach to such issues.