Whether you are involved in a criminal legal case or just enjoy watching crime shows on television, you may have questions about the terminology used by law enforcement, prosecutors and defense attorneys. One of the more common phrases used is ‘probable cause,’ especially when discussing requests to act on a suspicion or to obtain a search or arrest warrant.
Let’s take a closer look at the legal aspects of probable cause and how it could relate to your case.
Critical Aspects of Probable Cause Probable cause is more than a hunch or intuition, but less than the evidence needed to gain a conviction. The U.S. Constitution and the Fourth Amendment define it as “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
In short, it is a legal standard requiring a reasonable basis, supported by facts and circumstances, for a law enforcement officer to believe that a crime has been committed or that evidence of a crime exists in a particular place.
Overall, probable cause can differ on the specific facts and circumstances of the case as determined by the Supreme Court. It should strike a balance between an individual’s constitutional right to privacy and the government’s need to maintain public safety and investigate crimes.
Instances When Probable Cause Is Required
Probable cause is required in most cases for the government to intrude into the privacy of an individual citizen, such as when seeking a search or arrest warrant. Standard times when probable cause is required include:
- Arrests: Law enforcement needs probable cause to arrest an individual for a felony.
- Search Warrants: A judge must be presented with sworn facts establishing probable cause before issuing a search warrant for a home or other location, such as a car or person.
- Searches of Vehicles: In some situations, probable cause alone, without a warrant, can allow for the search of a vehicle due to its mobile nature and reduced expectation of privacy.
There are times when probable cause is not required as well. For instance, an individual may consent to a search, the evidence may be in plain view or an emergency presents itself where immediate action is needed, which may negate the need for probable cause.
Establishing Probable Cause
Probable cause may be established through several routes. These may include observational evidence, where law enforcement hears, sees, or smells illegal items. Or, probable cause may be circumstantial evidence when combined with other facts that lead to suggest a crime has taken place.
Probable cause may include corroborating evidence from eyewitnesses or informants who can attest to the facts or illegal activity. A suspect may also admit to the crime, thereby establishing the standard of probable cause.
Do you have questions about probable cause in your legal case and whether the standard was reached? Talk to our team at the Law Office of Patrick Conway. We can work with you every step of the way and explain your legal options for the best outcome possible.