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What Is Probable Cause?

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What Is Probable Cause?

Probable cause is a critical legal standard that applies in criminal cases. It requires the police to have probable cause to arrest someone or conduct a search.

Determining probable cause in the moment can be difficult. The police must have a specific reason to believe that a crime has been committed or that criminal evidence exists in a certain location. Their decision to act must be based on some facts, evidence, or circumstances. 

In many criminal cases, there are arguments over whether or not there was probable cause. Ultimately, a person cannot be convicted based on probable cause alone. There needs to be proof beyond a reasonable doubt. However, there could be consequences that impact your case if the police act without probable cause.

When Do The Police Need Probable Cause?

Police need probable cause to arrest someone, obtain a search warrant, or conduct a warrantless search.

Probable Cause for an Arrest

A police officer has probable cause for an arrest if there is some evidence that leads them to reasonably believe a person has committed a crime. The officer doesn’t need a lot of evidence, but they must have more than just a gut feeling or suspicion.

An officer can get a probable cause based on their observations, witness statements, and physical evidence. The evidence doesn’t need to be admissible later in court. 

An example of probable cause for an arrest is if an officer pulls over a car for swerving. The officer smells alcohol, and the driver fails their field sobriety tests. The officer can then arrest the driver because they have probable cause to believe the person committed a DUI.

Probable Cause for A Search or Seizure 

Probable cause for a search or seizure means that the police have a reasonable basis to believe that the evidence of a crime is in a particular spot. They cannot just generally search an area, hoping to find something. The law favors a police officer getting a warrant based on probable cause before conducting a search or seizure. However, an officer can also search without it in some cases. 

Probable Cause vs. Reasonable Suspicion 

There is a subtle difference between probable cause and reasonable suspicion. Reasonable suspicion is the legal standard required for a police officer to briefly detain someone or to conduct a traffic stop. This is a lower standard than probable cause. 

Reasonable suspicion is based on specific, observable facts that suggest a crime may be underway and justify a brief investigation. For instance, if an officer sees someone pacing repeatedly in front of a closed store late at night and glancing around nervously, they may suspect the person is planning a break-in. The officer can approach and question the individual to determine whether further action is warranted.

Probable Cause vs. Proof Beyond a Reasonable Doubt

Many people are worried that because they are arrested, they will be convicted at trial. Probable cause for an arrest is a much lower standard than proof beyond a reasonable doubt. 

Proof beyond a reasonable doubt means that no juror can logically doubt that the defendant committed the crime. There are no other possible conclusions to draw from the evidence presented. It is much harder for the prosecutors to reach this burden than for the police to find probable cause.

Furthermore, the police can rely on evidence that might not be admissible at trial to find probable cause. The prosecutors need to follow the rules of evidence, which may exclude some evidence that the police used to support the arrest. 

What Happens if the Police Act Without Probable Cause? 

If the police act without probable cause, there are consequences. While police officers don’t usually get in trouble per se, the defendant often gets a better outcome in their case. 

The defense attorney may file a motion to suppress the arrest or any evidence obtained through an unlawful search.

If successful, the court could:

  • Exclude some important evidence
  • Exclude all the evidence
  • Exclude the defendants’ statements 
  • Reprimand the police 

The result may be that the prosecutor ultimately dismisses the case because they don’t have enough evidence available to use at trial. If they still proceed to trial, the jury could find the defendant not guilty. In some cases, a prosecutor may offer a more favorable plea deal for a lesser charge.

If you believe you were stopped, searched, or arrested without probable cause, you may have grounds to challenge the charges against you. An experienced Maryland criminal defense attorney at Alpert Schreyer Criminal Defense Attorneys knows how to identify unlawful police conduct, when to file a motion to suppress, and how to effectively litigate that motion. Challenging probable cause could be the key to having your evidence thrown out — or even walking free. 

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