Probable cause is a fundamental principle in the criminal justice system that determines whether law enforcement has enough evidence to make an arrest, conduct a search, or obtain a warrant. Understanding what constitutes probable cause is crucial for protecting your rights and ensuring that any legal actions taken against you are justified and lawful.
If you are a defendant and believe that probable cause was not properly established in your case, an experienced criminal defense lawyer can help you challenge the evidence and defend your rights.
Probable Cause For Arrests
Probable cause is an important concept in understanding when someone can be arrested. Simply put, it means that police must have a reasonable belief that a person has committed a crime before making an arrest. This isn’t just a hunch or guess – it’s based on specific facts or evidence.
For example, if an officer sees someone breaking into a car, that direct observation provides probable cause for an arrest. Probable cause is essential because it protects people from being arrested without good reason while allowing law enforcement to act when they have clear evidence of a crime.
Probable Cause For Searches
Probable cause is also necessary when law enforcement wants to conduct a search. Essentially, officers need a good reason to believe that evidence of a crime can be found in the place they want to search. For instance, if officers smell illegal substances coming from a car during a traffic stop, this can give them probable cause to search the vehicle. Similarly, if a reliable tip leads officers to believe stolen goods are hidden in someone’s home, they may have probable cause to search.
Just like for an arrest, probable cause to search must be based on specific facts or evidence that make the search reasonable. This is what protects people’s privacy while allowing law enforcement to do their job.
Probable Cause To Obtain a Warrant
When law enforcement wants to obtain a warrant – search or arrest – they need to show probable cause to a judge. This means they must provide clear and specific facts that explain why a search or arrest is justified. A warrant isn’t just handed out based on guesswork or hunches. For example, if officers have credible information that illegal items are inside a house, they’ll need to prove why they believe this is true. This might include witness statements, photos, or other reliable evidence.
The judge or magistrate will review all the facts and decide if it makes sense to issue the warrant. This system ensures that warrants are issued fairly and protects people’s rights, while still letting law enforcement properly investigate crimes.
Probable Cause vs. Reasonable Suspicion
Probable cause and reasonable suspicion are both standards used by police but differ in how much evidence is needed. Reasonable suspicion is a lower level of proof that allows an officer to briefly stop or frisk someone if the officer notices specific behaviors or information suggesting a crime might have happened or might be about to happen. Probable cause, on the other hand, requires stronger evidence that points to a crime being committed (or about to be committed), which lets police make an arrest, conduct an extensive search, or request warrants from a judge.
Challenging an Unlawful Search or Arrest – Motion to Suppress
One effective way to challenge an unlawful search or arrest is by filing a motion to suppress evidence. This is a request from your lawyer asking the court to exclude evidence that was obtained illegally. Your attorney will argue that the evidence violates your rights and should not be used against you in court. If the judge agrees, that evidence cannot be presented during your trial. This step protects your constitutional rights and ensures fairness in the justice system.
Example Situation
For example, you’re walking down the street, and an officer stops and searches you without any valid reason. During the search, they find a firearm in your bag, and you’re charged with illegal possession of a weapon. You know the search wasn’t lawful because the officer had no probable cause or reasonable suspicion to search or even stop you in the first place.
Your attorney can file a motion to suppress and argue that since the officer didn’t have a proper legal reason to stop or search you, the evidence they found should not be allowed in court. Your attorney will present this argument to the judge, explaining how the search violated your rights. If the judge agrees, the evidence (in this case, the gun) gets thrown out. Without the gun as evidence, the case against you would completely fall apart, likely leading to your charges being dismissed.
If you have any questions about probable cause or what to do if you are arrested or searched without cause, contact a criminal defense lawyer today to schedule a free consultation.
