Legal Opinion

Commonwealth v. Chariton

Northern Mariana Islands Commonwealth Trial Court

Decided October 7, 1988No. TRAFFIC CASE NO. 88-2121TDDPublished

1Opinion of the Court

ORDER

MOTION TO DISMISS

Defendant has moved to dismiss the Government's case against him contending that the police lacked sufficient probable cause to stop the defendant's vehicle.

~probab1e cause exists when the facts and circumstances within the officer's knowledge are sufficient to warrant a reasonable prudent person in believing, in the circumstances shown, that the suspect has committed, is committing, or is about to commit an offense. Michigan v. De Fillipo, 99 S.Ct. 2627, 2632 (1979). Probable cause exists if a reasonably prudent person would have concluded that there was a fair…

2Cases cited7 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Michigan v. DeFillippoSupreme Court of the United States · 1979
  5. United States v. DionisioSupreme Court of the United States · 1973

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