when determining reasonable suspiciaon, is the judge required to only accept information from the police report or can he consider the officer testimony that may be different from the police report?
Asked on 1/26/12, 12:36 pm
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
"Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. Penal Code Sec. 1.07. DEFINITIONS.
What context? In determining if there is probable cause to hold a person in a misdemeanor? If that is what you are talking about, the judge considers only the information that te cop relates and then the judge decides if there is "some evidence" that there was a crime committed. The higher burden - proof beyond a reasonable doubt - is for a jury.
Answered on 1/26/12, 3:43 pm
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