Probable Cause
The term “probable cause” is used in a variety of situations related to law enforcement and criminal procedure, from interviewing a subject who the police believe may have committed a crime to searching a subject’s car after making a routine traffic stop. This article provides an overview of what probable cause is (and what it is not).
Definition of Probable Cause
Probable cause is when law enforcement has reason to believe that someone may have committed a crime and therefore they have the right to escalate their actions beyond what they normally have the right to do. Probable cause stems from wording in the Fourth Amendment. The Fourth Amendment reads as follows:
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.
The Fourth Amendment gives people a certain amount of privacy. But if a member of law enforcement has reason to believe a crime has been committed, the Fourth Amendment also gives them power to take steps to invade a person’s privacy to seize that person’s property or even arrest that person.
Probable cause is generally needed for law enforcement to obtain a warrant to execute a search or carry out an arrest.
Obtaining a Warrant
A warrant is written authorization by a judge for law enforcement to carry out certain actions they cannot perform normally. A judge should only issue a warrant when law enforcement has demonstrated to the judge that they have sufficient reason to believe the action is justifiable.
Law enforcement generally needs a warrant in two primary situations:
Search Warrant. When law enforcement believes evidence of a crime exists on someone’s private property, they generally need a search warrant in order for them to legally invade that person’s privacy to attempt to locate that evidence and seize it for future use in a trial.
A search warrant usually needs to describe the location being searched and the items being looked for. When police are executing a search warrant, if they come across other illegal items or evidence, they can usually seize it as well, even if it is not the original item described in the search warrant.
Arrest Warrant. When law enforcement believes there is sufficient evidence that someone committed a crime, they generally need to obtain a warrant in order to arrest that person. The need for an arrest warrant occurs when law enforcement has not actually observed the commitment of a crime.
Legal Assistance
The information above should not be considered legal advice. But if you believe you have been arrested or your private property has been searched without probable cause, you should seek the help of a criminal defense attorney. A criminal defense attorney can review the facts of your case to determine if law enforcement has violated your Fourth Amendment rights, which could mean that evidence that could be used against you in court may be disallowed.
Related articles
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- DUI – Do I have the legal right to a request a blood test? (duiattorneyhome.com)
- Alcohol Related Crimes, Part 2 – Public Intoxication (criminaldefensehome.com)
- Why You Should Not Speak to the Police (criminaldefensehome.com)













