Understanding probable cause

Probable cause refers to a legal basis that gives the police officer a chance to arrest a person, seize property, or conduct a search. This originates from the United States constitution Fourth Amendment. So what is probable cause?

The constitution states that the right of the people to feel secure in their houses, effects, papers, and many more against unreasonable seizures and searches shall not be violated and there shall be no warrants issued. But the police officer can use probable cause that is supported by affirmation or oath to conduct a search. Therefore, a court can issue a warrant if it is supported by a probable cause. This post discusses probable cause.

Warrants and probable cause

A police officer needs to get a warrant and sign an affidavit that states the facts they observed or the observations of police informants or people. These facts should support their claim that there is probable cause to do a search, make an arrest, or seize a property. 

And, if a magistrate or judge believes that there is probable cause based on the circumstances, they can issue a search warrant or arrest warrant. Remember that the judge relies on the honesty of the officer who is supposed to present accurate information. The accused is not available to refute the claims.

You should note that there are some situations where a warrant is not needed to search or arrest, like an arrest for a crime that was witnessed by a police officer. If there is a warrantless arrest, the defense attorney can legally challenge it in a subsequent proceeding. 

Temporary detention

Temporary detention includes questioning of pedestrians, traffic stops, and the detention of occupants of a property while a police officer is executing a search warrant. A police officer just requires having reasonable suspicion to perform it and not probable cause. 

If the officer has reasonable suspicion, then it means that they can act on specific facts relating to a specific individual. There is the reasonable person standard in reasonable suspicion. In other words, the police officer needs to consider if a reasonable person can believe that there was criminal activity taking place that required further investigation. 

And, detention can escalate to a formal arrest when the detaining police officer has probable cause to charge a person with a crime after the investigation. For the detained person, it’s usually unclear the difference between detention and arrest. 

Probable cause for arrest

A police officer can announce during an investigation that you are under arrest and place you in physical restraint, which is now an arrest. At this point, the arresting police officer needs to have probable cause to think that you committed a specific crime.  

Keep in mind that probable cause for arrest happens when circumstances and facts that the police officer knows can lead a reasonable individual to believe that you committed a crime. The evidence needed to demonstrate probable cause tends to be less than the preponderance of the evidence. This happens to be the standard they use to prove facts in the courtroom. If you are charged or arrested without a probable cause, you can decide to file a civil lawsuit for malicious prosecution or false arrest.