Utah Approval of director warrants
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How to fill out Approval Of Director Warrants?
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(b) Probable cause determination. If from the evidence the magistrate finds probable cause to believe that the crime charged has been committed and that the defendant has committed it, the magistrate must order that the defendant be bound over for trial. URCRP Rule 7B (Rules of Criminal Procedure) - Utah State Courts utcourts.gov ? rules ? view utcourts.gov ? rules ? view
(a) Probable cause determination. (a)(1) A person arrested and delivered to a correctional facility without a warrant for an offense must be presented without unnecessary delay before a magistrate for the determination of probable cause and eligibility for pretrial release pursuant to Utah Code § 77-20-1.
Utah courts have recognized that probable cause and, by extension, reasonable suspicion may arise from an officer's sense of smell.
The concept behind RAS is that the suspicion must be both reasonable and "articulable" - meaning that the officer has to be able to articulate facts that support his suspicion. A "suspicion" that is not based on any articulable facts is often referred to as a "hunch" by the courts.
Reasonable and probable grounds is the ?the point where credibly-based probability replaces suspicion". It is the reasonable belief that "an event not unlikely to occur for reasons that rise above mere suspicion". "Reasonableness" concerns the legitimate expectations in the existence of certain facts.
Subject to the provisions of this subsection, an officer when making a lawful arrest or serving a lawful knock and announce warrant, may make forcible entry where the person to be arrested is located, or where there is probable cause for believing the person to be. Utah Code Section 77-7-8 Utah Legislature (.gov) ? xcode ? Title77 ? Chapter7 Utah Legislature (.gov) ? xcode ? Title77 ? Chapter7