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NeCede's

Maxim 9.1.28

Report, which induces suspicion, ought to arise from good and grave men; not, indeed, from malevolent and malicious men, but from cautious and credible persons; not only once, but frequently; for clamor diminishes, and defamation manifests.

Source: 2 Inst. 52; Black's, 2d. 482; Weisman, 39cc Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) Rumor and report that would justify investigation must originate from credible, disinterested persons and must be persistent — isolated accusations from hostile witnesses do not constitute lawful grounds for suspicion.

Where this applies

  • A single anonymous tip from a person with a grudge against the suspect is not enough to justify a search warrant — suspicion must arise from credible, disinterested sources.
  • Multiple respected community members independently report the same concern about a business to the health department — that consistent, credible pattern justifies an investigation.
  • A disgruntled ex-employee files one complaint, but no one else corroborates the claim — the court finds the lone, motivated accusation insufficient to establish reasonable suspicion.

Legal domains

Cite this maxim

NeCede Max. 9.1.28 — Report, which induces suspicion, ought to arise from good and grave men; not, indeed, from malevolent and malicious men, but from cautious and credible persons; not only once, but frequently; for clamor diminishes, and defamation manifests. — 2 Inst. 52; Black's, 2d. 482; Weisman, 39cc

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