Probable Cause and the Totality of the Circumstances

The totality of the circumstances is often what judges explain was considered in finding probable cause for an arrest. What exactly can be considered in this regard? Since no two cases are exactly alike based on the facts, it is tough to analogize cases unless the facts are close to matching. In the most recent U.S. Supreme Court decision on this issue in 2018, Justice Clarence Thomas discusses the right of police
to make “reasonable inferences” and “common sense conclusions about human behavior.” To read a short summary about this recent opinion, which we do not like because it seems to empower police far too much for making arrests, click on the following link.

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