Probable Cause Searches Lawyers

What Is Probable Cause?

Probable cause is a reasonable belief that a person has committed or will commit a crime. For probable cause to exist, a police officer must have sufficient knowledge of facts to warrant a belief that a suspect is committing a crime. The belief must be based on factual evidence, not just on suspicion. The test which the court employs to determine probable cause is whether an objective person of reasonable intelligence would believe that the circumstances indicate that the person arrested or detained has committed a crime.

Sources of Probable Cause

There are four categories of evidence which may establish probable cause:

• Observation - Information obtained by an officer through observation
• Circumstantial evidence - Indirect evidence that implies something occurred but does not directly prove it ¿ the circumstances surrounding the facts can be used to reasonably infer guilt or innocence
• Expertise - The training of police officers which enables them to identify certain movements, gestures, preparations, or tools as tending to indicate criminal activity
• Information - Includes statements by witnesses, victims, and informants

When Can a Search, Seizure, or Arrest Occur

In general, probable cause must exist before a search, seizure, or arrest by law enforcement. Search warrants and arrest warrants are only issued upon a finding of probable cause, and warrantless searches or arrests must meet the standard of probable cause to be admissible in court.

Searches, Seizures, and Arrests without Probable Cause

Evidence directly obtained as a result of a search, seizure, or arrest that occurred without probable cause cannot be used in court against a defendant. In addition, evidence that would not have been obtained but for the illegal search, seizure or arrest may also be inadmissible at trial.

What Can You Do if Searched or Arrested without Probable Cause or if Accused of a Crime?

If you were searched or arrested without probable cause or were accused of a crime, you should speak to a criminal lawyer immediately to learn more about your rights, your defenses, and the complicated legal system.