Comment

Comment by Christopher on October 27, 2012 at 5:20pm

VI (6) Elements of a Crime.

Certain elements, or factors, must coexist in order for behavior to constitute a crime. To be guilty of a crime, a person must commit an act. Criminal liability is not imposed for thoughts without action. The person acting must be doing so intentionally—that is, his or her conduct must not be accidental or involuntary.

Source: http://www.webcitation.org/5kwbg5vx3

Standard of Proof; Probable Cause:

Standard of Proof: Requires "Probable Cause:" "(A) police officer may arrest without (a) warrant (a person) . . . believed by the officer upon reasonable (or "probable") cause, to have been guilty of a felony.

When Probable Cause Exists:

When Probable Cause Exists:  "(P)robable cause" exists if, under the totality of the circumstances known to the arresting officers, a prudent person would have concluded that there was a fair probability that the individual had committed a crime.

"Probable cause" merely requires that "the facts and circumstances within [the officers'] knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the [plaintiff] had committed or was committing an offense.

"Probable cause exists when the facts known to the arresting officer would persuade someone of ‘reasonable caution' that the person to be arrested has committed a crime.

Source: http://www.legalupdateonline.com/4th/131

Fed appeals court says refusal to identify no cause for arrest
Saturday, Apr 5, 2008

LITTLE ROCK - A police officer does not have the authority to arrest someone for refusing to identify himself when he is not suspected of committing a crime, a federal appeals panel ruled Friday.

The decision by a three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis reversed an Arkansas federal judge's ruling and ordered a new hearing in a Benton County man's lawsuit challenging his arrest for refusing to show his identification during a traffic stop.

"It is amazing how many times I have had people convicted for doing the same thing," said Rogers attorney Doug Norwood. "You have to have a reasonable suspicion that the individual person is either committing a crime or about to."

Source: http://web.archive.org/web/20080613195115/http://www.arkansasnews.c...