- For Attorneys
1. If they are charged with burglary, the prosecutor must prove that they broke in and entered into something like a building, car, boat, or trailer with the intent to commit a crime. The crime of larceny involves the wrongful taking of the personal property of another with the intent to deprive the owner of the property. Trespass is entering another person's property without permission of the owner or legal authority.
2. The constitutional right of being presumed innocent until proven guilty does not apply to an arrest situation. An officer must only have probable cause in order to make an arrest.
3. In assessing whether the use of force, deadly or not, was excessive, the Supreme Court has held that the proper test is one of "objective reasonableness." It is irrelevant whether the actually believed that the force used was not excessive. The proper inquiry is whether the officer's actions in the use of force were objectively reasonable in light of the facts and circumstances confronting the officer, without regard to the officer's motivation. Among the factors to be considered in assessing whether the use of force was unreasonable are the severity of the crime the plaintiff was suspected of having committed, whether the plaintiff posed an immediate threat to the police officer or others, whether the plaintiff actively resisted arrest, and whether the plaintiff attempted to evade arrest by fleeing.