Labels:book | reckoner | sky | tree OCR: of detention or discrimination) to those instances where criminal prosecution is instituted out malice least with some form of actual knowledge of the defen- dant's innocence IE charged offense. Indeed the widely inferences which can be drawn credibility dispute counsel against constitu tional standard requiring determinations :T1 tion with the mere filing of charge It is one thing require the state tc make preliminary asse ssment credibility prerequisite an arrest or detention The individual's fundamental interest in avoiding an unreason- able invasion privacy justifies burdening the govern ment with the obligation to make preliminary credibil. ity determination before conduets searches or seizures See Illinois Gates 462 U.S 213 (1983). Such a requirement. however has never been imposed r ...
(.png)
