Also known as: reasons to believe
Written by attorneys · grounded in primary & secondary sources — see below
A basis short of actual knowledge that supports a conclusion that a particular fact or circumstance exists. The standard requires more than mere suspicion yet does not demand certainty or proof.
Roberto Reyes maintains an unmarked excavation on his wooded property. Trespassers frequently cut through the area at dusk. Because the pit lies beneath thick undergrowth and Reyes knows visitors rarely carry lights, he has reason to believe they will not discover the hazard before falling in.
Federal agents obtain probable cause that Rosa Ruiz committed wire fraud. They lack an arrest warrant and no emergency exists. Agents nevertheless enter her apartment at midnight after a building employee unlocks the door. They possess no information giving them reason to believe Ruiz is inside at that hour.
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Rebecca Ross files notice that she will rely on an insanity defense. The trial judge reviews the notice and finds additional facts indicating possible incompetence. The court therefore appoints a psychiatrist because the record supplies reason to believe mental disease will become an issue at trial.
Two years after a custody decree, Rachel Ramirez seeks modification. She submits affidavits showing the child's current home exposes him to repeated physical violence by a live-in partner. The court permits the motion because the affidavits establish reason to believe the environment seriously endangers the child's physical health.
Rising Sun Electronics maintains an exposed high-voltage line across a remote corner of its fenced yard. Ruby Rivera regularly crosses the yard at night to reach a shortcut. The company knows trespassers use the path yet leaves the cable unmarked because it has reason to believe nighttime visitors will not notice the wire before contact.
Regal Apparel's sales manager tells Riley Rivera that the company will pay her commission within thirty days if she closes a large account. Rivera knows the manager has honored identical statements to other employees in the past. She therefore has reason to believe the stated intention will be carried out and relies on it by devoting extra effort to the deal.
Reason to believe is the standard that permits officers who already possess an arrest warrant to enter a suspect's home. It requires only a reasonable basis to conclude the suspect is inside. Probable cause is the higher standard needed to obtain the warrant itself.
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A court may permit a motion filed less than two years after the decree only upon affidavits showing reason to believe the child's present environment seriously endangers physical, mental, moral, or emotional health.
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The court must appoint a psychiatrist when the defendant files notice of an insanity defense, when there is reason to doubt fitness to proceed, or when there is reason to believe mental disease or defect will otherwise become an issue.
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A duty arises when the possessor maintains an artificial condition likely to cause death or serious harm, knows or has reason to know of the trespassers' presence, and has reason to believe they will not discover the condition or realize the risk.
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Reliance is justified if the intention is material to the transaction and the recipient has reason to believe the stated intention will be carried out.
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