Understanding Probable Cause: The Standard for Legal Searches And Arrests

Probable cause is a fundamental principle of the United States legal system and is essential in any criminal investigation, search, or arrest. It refers to the legal standard that determines if there is enough evidence or reasonable suspicion to support the police or law enforcement officer's action, ensuring that certainty to protect a citizen's fourth amendment rights. Understanding probable cause is an essential aspect of protecting your rights as an individual, and this blog post aims to provide you with a comprehensive understanding of the concept.

What Is Probable Cause?

Probable cause is a legal term used to justify law enforcement officers' actions such as conducting a search or making an arrest. The Supreme Court defines it as"where the facts and circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed." (Brinegar v. United States, 338 U.S 160, 1949)  It should be based on factual information and not on mere suspicions or hunches.

How Is Probable Cause Determined?

To determine if there is probable cause, a judge or a magistrate will examine the facts presented by the law enforcement or prosecution team. They will evaluate them against constitutional standards and assess whether the facts are sufficient to justify the action taken. If there is enough evidence to support probable cause, the judge or magistrate will issue a warrant, allowing the officers to proceed with their search, seizure, or arrest.

Examples Of Probable Cause

Some examples of probable cause include a police officer observing suspicious behavior such as reckless driving or carrying a weapon, receiving credible information from informants, or physical evidence such as stolen goods or drugs in plain sight. However, it is important to note that habits or traits that are common in certain communities or individuals, such as dress style or skin color, cannot be used as a reason for probable cause.

What Are The Consequences Of A Lack Of Probable Cause?

The Fourth Amendment of the US Constitution protects individuals from unreasonable searches and seizures. If there is no probable cause for an officer's action, then it is deemed unconstitutional. Any evidence obtained as a result of an illegal search or arrest may not be admissible in court. This principle is known as the exclusionary rule and is meant to deter officers from violating people's rights.

Probable cause is an important concept that every citizen should be aware of. It is the legal standard that law enforcement officers must follow, to ensure that their actions are not considered unconstitutional or violate an individual's rights. Knowing your rights and understanding probable cause can help you protect yourself from unlawful searches and arrests.  If you feel you've been subject to an unlawful search, seizure, or arrest, contact the experts at McCoppin & Associates before you talk to anyone else.