Probable cause is a legal term of art. A term of art is a word that has a specific legal meaning. Under the Fourth Amendment of the United States Constitution, the police must have probable cause to take certain actions. This includes arresting someone or conducting a search.
Probable cause can be a tricky idea to grasp, but at its core, it means there’s a legitimate reason to believe that a crime has been committed or that evidence related to a crime is located somewhere specific. What counts as a “legitimate reason” can vary, depending on the particular details of the case, and is shaped by a body of legal precedents that help define it.
When Do The Police Need Probable Cause?
The Fourth Amendment favors warrants over warrantless arrests and searches and seizures. To get an arrest warrant or a search warrant, the police need to submit an affidavit with probable cause to a judge. If the judge finds that there is probable cause, they will issue the warrant.
Even though the Fourth Amendment favors warrants, there are exceptions to the warrant requirement. Police can make arrests or conduct searches if the situation falls within an exception. However, the police must always have probable cause, regardless of whether or not there is a warrant.
Probable Cause For An Arrest
Probable cause for an arrest means that the police have evidence to reasonably believe that someone has committed a crime. Probable cause for an arrest is more than a mere hunch, but it doesn’t require complete certainty.
Police can base probable cause for an arrest on their observations, witness statements, or any other evidence. Just because an officer relies on a piece of evidence to get probable cause doesn’t mean that evidence is admissible at trial.
An example of probable cause for an arrest is if an officer sees a person fleeing the scene of a theft who matches the exact description of the suspect. Under these circumstances, it is reasonable for an officer to believe that the person committed the theft.
Probable Cause For A Search Or Seizure
Probable cause for a search or seizure of evidence means that the police have a basis to reasonably believe that evidence of a crime is in a particular location. Just like with an arrest, probable cause for a search or seizure requires some evidence and more than a mere hunch.
An example of probable cause for a search is if the police see drug paraphernalia in plain view in a car. The officer has a reasonable basis to believe that there is evidence of a crime (drugs) in the car.
Probable Cause vs. Reasonable Suspicion
Many people are confused about the difference between probable cause and reasonable suspicion. Probable cause is a higher standard than reasonable suspicion. Reasonable suspicion is only required for the police to stop or briefly detain someone. It means that they suspect that someone has committed a crime, but they need to investigate further.
If a police stops someone because they have reasonable suspicion, it can quickly turn into probable cause once the officer collects some evidence. For example, a police officer will have reasonable suspicion to pull over a car that is swerving and speeding because they suspect that they are drunk.
However, once the car has been pulled over, the officer may smell alcohol and see an open container in the car. This will create probable cause to arrest the driver for a DUI.
Probable Cause vs. Beyond A Reasonable Doubt
It is extremely important to distinguish between probable cause and beyond a reasonable doubt. Probable cause is a very low legal standard. It requires much less evidence than the prosecutor needs to secure a conviction. Just because there is probable cause for an arrest doesn’t necessarily mean that there is evidence beyond a reasonable doubt.
Beyond a reasonable doubt means that there is no logical doubt that the defendant committed the crime. It is the highest level of certainty in any legal case. It is even higher than the burden of proof in a civil case. There are many situations where a person is arrested because there is probable cause to believe that they committed a crime, but they are found not guilty.
What Happens If The Police Act Without Probable Cause?
Sometimes, the police arrest or search without probable cause. This is illegal, and there are consequences.
If there is no probable cause, the defense attorney will file a motion to suppress. In a pretrial motion to suppress, the defendant argues that the police acted without probable cause and violated their rights. As a result, any evidence that they obtained should be suppressed.
This can result in:
- Exclusion of some evidence
- Exclusion of all evidence
- Exclusion of the defendant’s statements
A motion to suppress is a valuable tool for the defendant. It can result in a better outcome in the case. If the prosecutor can no longer use their evidence, they may completely dismiss the charges. It is always worth pursuing a motion to suppress because it can dramatically alter the course of the case.
Contact Our Tucson Criminal Defense Attorneys Today for a Consultation
If you are facing criminal charges, reach out to Katsarelis Law Criminal Defense Attorneys at (520) 510-0439 to schedule a free consultation. We can review the probable cause in your case and help you build a strong legal defense.