christine2448
Retired WS Staff
- Joined
- Mar 30, 2005
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See my post #129PolkSaladAnnie said:(Edited to add: dark red above, mine)...To impound the vehicle, a judge would have had to have signed off significant and valid reasons supplied by LE to further search/investigate and collect evidence. (Not just because it's the husband's vehicle... that's not a good enough reason...)
PROBABLE CAUSE - A reasonable belief that a person has committed a crime. The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. U.S. v. Puerta, 982 F.2d 1297, 1300 (9th Cir. 1992). In terms of seizure of items, probable cause merely requires that the facts available to the officer warrants a "man of reasonable caution" to conclude that certain items may be contraband or stolen property or useful as evidence of a crime.
So the facts are? He is her husband, he is likely involved? Or, what are the facts?