Probable Cause Affidavit Indiana Form
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People also ask
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What is an example of a probable cause?
For instance, if a police officer smells marijuana coming from a vehicle during a traffic stop, this could provide probable cause to search the vehicle and potentially arrest the driver if illegal substances are found. California law is clear that probable cause cannot be based on mere suspicion or a hunch.
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What is considered probable cause in Indiana?
Indiana Law on Search Warrants In regard to search warrants, probable cause is a clear, articulated belief that a crime has been, is being, or will be committed, and that evidence of this crime can be found in a specific location.
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What is a probable cause for this situation?
Probable cause requires that the police have more than just suspicion—but not to the extent of absolute certainty—that a suspect committed a crime. The police must have a reasonable basis in the context of the totality of the circumstances for believing that a crime was committed.
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How to get a copy of a probable cause affidavit in Indiana?
Generally, you may request court records and documents from the clerk's office in the county where the case was heard. You may request a transcript for a specific hearing or trial from the court reporter. Contact the court or clerk's office to request these documents.
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What are the four major sources that may provide probable cause?
There are four categories into which evidence may fall in establishing probable cause. These include observational, circumstantial, expertise, and information: Observational evidence is based on what the officer sees, smells, or hears.
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What is required for an affidavit in Indiana?
What are key elements required for a valid affidavit in Indiana? A valid affidavit in Indiana must include the declarant's personal details, a clear statement of facts, the date, signatures, and notarization to confirm the truthfulness and identity of the declarant.
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Which of the following does not count as legitimate probable cause?
Among the options given, reasonable suspicion is not considered a legitimate source of probable cause. Reasonable suspicion involves a belief that a person may be involved in criminal activity based on specific and articulable facts.
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What would be an example of probable cause?
During a traffic stop, officers will typically look for evidence in plain view as well as assessing the conduct of the driver. If they see drug paraphernalia through the window of the car, then this could amount to probable cause. If the driver fails a roadside breathalyzer test, this is also probable cause.
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