Eleanor Finch
Probable cause is a requirement that must be met before police make an arrest, conduct a search, or receive a warrant. It is a flexible concept, and what constitutes probable cause is often dependent on the specific circumstances of each case. In general, probable cause exists when there is a reasonable basis for believing that a crime has been, is being, or will be committed, or when evidence of a crime is present in a place to be searched. For example, in Maryland v. Pringle, the court found probable cause to arrest three individuals in a vehicle where marijuana was discovered, even without evidence that any specific occupant was responsible. The presence of an unusual amount of something can contribute to establishing probable cause, but it is not the sole determining factor. Other factors, such as witness statements, officer experience, and the reliability of information, are also considered in determining whether probable cause exists.
| Characteristics | Values |
|---|---|
| Definition | Probable cause means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed. |
| Legal Repercussions | Probable cause is enough for a search or arrest warrant. It is also enough for a police officer to make an arrest if they see a crime being committed. |
| Compared to Reasonable Suspicion | Probable cause is stronger than reasonable suspicion, but weaker than the requirement of evidence to secure a criminal conviction. |
| Compared to Beyond a Reasonable Doubt | Probable cause requires more than reasonable suspicion (what's needed for a detention) but less than proof beyond a reasonable doubt (what's needed for a conviction). |
| Flexibility of Concept | Probable cause is a flexible concept, and what constitutes the "totality of the circumstances" often depends on how the court interprets the reasonableness standard. |
| Lack of Probable Cause | A lack of probable cause will render a warrantless arrest invalid, and any evidence resulting from that arrest (physical evidence, confessions, etc.) will have to be suppressed. |
| Exceptions to Lack of Probable Cause | A narrow exception applies when an arresting officer, as a result of a mistake by court employees, mistakenly and in good faith believes that a warrant has been issued. In this case, notwithstanding the lack of probable cause, the exclusionary rule does not apply and the evidence obtained may be admissible. |
| Requirements for Establishing Probable Cause | Probable cause must be established by the circumstances or facts at the time a person is detained and the officer's training and experience. |
| Establishing Probable Cause Through Informants | Requirements for establishing probable cause through informants have divided the Court in several cases. |
| Establishing Probable Cause Without a Warrant | In some cases, law enforcement is permitted to conduct a search without a warrant if they can establish probable cause through consent of the person in charge of the property to be searched. |
| Establishing Probable Cause With a Warrant | To obtain a search warrant, the court must consider whether, based on the totality of the information, there is a fair probability that contraband, evidence, or a person will be found in a particular place. |
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What You'll Learn
Probable cause and reasonable suspicion
The concept of "probable cause" is central to the meaning of the warrant clause in the Fourth Amendment. While the Fourth Amendment mentions probable cause, it does not specify what it means. The Supreme Court has attempted to clarify the meaning of the term on several occasions, recognising that it is a concept that is imprecise, fluid, and highly dependent on context.
Probable cause is a requirement that must usually be met before police make an arrest, conduct a search, or receive a warrant. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Probable cause can also justify a warrantless search or seizure under exigent circumstances.
Reasonable suspicion is a step before probable cause. At the point of reasonable suspicion, it appears that a crime may have been committed. The situation escalates to probable cause when it becomes obvious that a crime has most likely been committed. Reasonable suspicion is defined by the United States Supreme Court as "the sort of common-sense conclusion about human behavior upon which practical people are entitled to rely". It requires facts or circumstances that give rise to more than a bare, imaginary, or purely conjectural suspicion. Reasonable suspicion must be based on more than a hunch and must be established by the circumstances or facts at the time a person is detained, as well as the officer's training and experience.
In the context of searches, probable cause exists when the facts and circumstances established by the police would lead a reasonable person to believe that a crime was committed at the location to be searched or that evidence of a crime exists there. For example, in United States v. Place, the Supreme Court ruled that a K-9 sniff in a public area is not a search, but a dog alerting its officers provides enough probable cause for the officer to obtain a warrant.
In the context of arrests, probable cause exists when there is a good-faith belief that a crime has been committed and that the individual being arrested committed the crime. For example, in Maryland v. Pringle, the court reasoned that even though the officers did not have evidence that any one of the three individuals in a vehicle where marijuana was discovered was responsible for the drugs, probable cause existed as to all of them because co-occupants of a vehicle are often engaged in a common enterprise and all three denied knowing anything about the drugs.
To summarise, probable cause is a stronger standard than reasonable suspicion, but weaker than the requirement of evidence to secure a criminal conviction. While reasonable suspicion may be enough for a detention, probable cause is required for an arrest or search warrant.
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Probable cause and consent
The concept of probable cause is central to the Fourth Amendment's warrant clause, which protects people from unreasonable searches and seizures. Probable cause is a requirement that must usually be met before police make an arrest, conduct a search, or obtain a warrant. It is defined as a reasonable belief that a crime was committed, is being committed, or will be committed. This is a higher standard than reasonable suspicion, which is based on the common-sense conclusion about human behaviour and requires more than an "unarticulated hunch".
Probable cause is determined by the totality of the circumstances, including the facts available to the officer, their experience and training, and the reliability of the information. For example, in the case of Maryland v. Pringle, officers were permitted to arrest three individuals in a vehicle where marijuana was discovered, even though they did not have evidence that any one of the three was responsible for the drugs. The court reasoned that probable cause existed for all three because co-occupants of a vehicle are often engaged in a common enterprise, and all three denied knowing about the drugs.
Consent is an important factor in the issue of probable cause. If voluntary consent is given by an individual with authority over the search area, such as a car, house, or business, then law enforcement does not need probable cause or even reasonable suspicion to conduct a search. However, if consent is not given, then the officer needs probable cause, and in some cases, a search warrant may be required.
The determination of probable cause is made by judges, not police officers, and it is a flexible concept that depends on how the court interprets the reasonableness standard. The Supreme Court has recognised that probable cause is imprecise, fluid, and highly dependent on context. For example, in Samson v. California, the Supreme Court ruled that reasonable suspicion is not necessary for searches of parolees given the state's high recidivism rate, as requiring individualised suspicion would undermine the state's ability to effectively supervise parolees and protect the public.
In conclusion, probable cause is a critical concept in law enforcement, balancing the need for effective investigations with the protection of individual rights and freedoms. It is a flexible standard that takes into account the totality of the circumstances and is ultimately determined by the courts. While having an unusual amount of something may contribute to probable cause, it is not the sole factor, and other considerations such as witness statements, officer experience, and the reliability of information play a significant role in establishing probable cause.
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Probable cause and search warrants
The concept of probable cause is central to the meaning of the warrant clause. Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. It is stronger than reasonable suspicion but weaker than the requirement of evidence to secure a criminal conviction. Probable cause means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed.
In the context of search warrants, probable cause exists when it is shown that the facts and circumstances established by the police would lead a reasonable person to believe that a crime was committed at the location to be searched or that evidence of a crime exists there. For example, in the case of United States v. Place, a trained dog alerting its officers to the presence of drugs provided enough probable cause for the officer to obtain a warrant. Similarly, in the case of Brinegar v. United States, the Supreme Court defined probable cause as "where the facts and [the] circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient, in themselves, to warrant a belief, by a man of reasonable caution, that a crime is being committed."
When applying for a search warrant, a police officer must state the facts in an affidavit as to why there is sufficient evidence to conduct a search, specify the place to be searched, and describe the property that will be seized. The judge will then decide whether there is sufficient probable cause to issue a search warrant based on the totality of the circumstances. This includes considering the officer's experience and training and the reliability of the information.
It is important to note that probable cause is a flexible concept, and what constitutes the "totality of the circumstances" can vary depending on how the court interprets the reasonableness standard. For example, in the case of People v. Lewis, the court noted that the general information provided by the gas station clerks about the robber's appearance was too vague to give rise to probable cause, especially since the most distinctive elements were missing.
In conclusion, having an unusual amount of something can contribute to probable cause, but it is not the sole factor. Probable cause for a search warrant requires a reasonable belief that a crime was committed or that evidence of a crime will be found at the specific location, and this determination is made by considering all relevant facts, circumstances, and information available to the police and the court.
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Probable cause and arrest warrants
Probable cause is a requirement that must usually be met before police make an arrest, conduct a search, or obtain a warrant. It is a flexible concept, and what constitutes "probable cause" depends on how the court interprets the reasonableness standard. Probable cause is stronger than reasonable suspicion but weaker than the requirement of evidence to secure a criminal conviction.
Probable cause exists when there is a reasonable basis for believing that a crime may have been committed or when evidence of a crime is present in the place to be searched. It is based on the "totality of the circumstances," including the facts available to the officer, the officer's experience and training, and the reliability of the information. For example, in the case of Maryland v. Pringle, an officer was permitted to arrest three individuals in a vehicle where marijuana was discovered, even though the officers did not have evidence that any one of the three occupants was responsible for the drugs. The court reasoned that probable cause existed as to all of them because co-occupants of a vehicle are often engaged in a common enterprise, and all three denied knowing anything about the drugs.
To obtain an arrest warrant, the police must present to a magistrate facts sufficient to enable the officer to make a determination of probable cause. The magistrate will consider the totality of the circumstances and determine whether there is a substantial basis for concluding that probable cause exists. An arrest warrant based on probable cause allows the police to arrest a person without witnessing them commit a crime. For example, in the case of Draper v. United States, a previously reliable informant reported to an officer that the defendant would arrive with narcotics on a particular train and described the clothes and bag he would be carrying. FBI agents met the train and arrested the defendant, who matched the description. The Court held that the corroboration of the informant's tip established probable cause to support the arrest.
In some cases, law enforcement may conduct a search or make an arrest without a warrant if they can establish probable cause. For example, during a traffic stop, officers may frisk passengers if they have reason to believe the passengers are armed and dangerous, even if they do not have reasonable suspicion that criminal activity is occurring. Additionally, if voluntary consent is given by a person with authority over the search area, such as a car or house, then a law enforcement officer does not need probable cause or even reasonable suspicion to conduct a search. However, if the person does not give voluntary consent, then the officer needs probable cause, and in some cases, a search warrant may be required.
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Probable cause and the Fourth Amendment
The Fourth Amendment of the US Constitution protects people from unreasonable searches and seizures, stating that "no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized".
Probable cause is a key concept in the Fourth Amendment, and while it is not defined in the Amendment itself, it generally means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed. This is a stronger standard than reasonable suspicion, which is based on the circumstances or facts at the time a person is detained, and the officer's training and experience.
Probable cause is required for arrests, searches, and warrants. For an arrest, probable cause exists when there is a reasonable basis for believing that a crime has been committed and that the individual arrested committed the crime. For a search, probable cause exists when there is a reasonable basis for believing that evidence of a crime is present at the place to be searched. For a warrant, probable cause exists when there is sufficient information to warrant a prudent person's belief that a crime has been committed and that evidence will be found at the place to be searched.
The determination of probable cause is made by judges, who consider the totality of the circumstances, including the facts available to the officer, the officer's experience and training, and the reliability of the information. This flexible standard often depends on how the court interprets the reasonableness of the belief that a crime was committed.
An example of probable cause in action is the case of Maryland v. Pringle, where an officer was permitted to arrest three individuals in a vehicle where marijuana was discovered. The court ruled that probable cause existed for all three occupants because co-occupants of a vehicle are often engaged in a common enterprise, and all three denied knowing about the drugs.
In conclusion, probable cause is a critical component of the Fourth Amendment, protecting individuals from unreasonable searches and seizures by requiring law enforcement to demonstrate a reasonable belief that a crime has been, is being, or will be committed before taking action.
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Frequently asked questions
Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. Probable cause means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed.
Reasonable suspicion is a step before probable cause. Reasonable suspicion is the legal criterion required to perform a Terry stop, which is when a police officer stops and briefly detains a person if they have a reasonable suspicion that the person has committed, is committing, or is about to commit, a crime. Reasonable suspicion is based on more than a hunch but does not require the same level of evidence as probable cause.
The Fourth Amendment states that "no warrants shall issue, but upon probable cause". However, the Fourth Amendment does not specify what "probable cause" actually means. The Supreme Court has attempted to clarify the meaning of the term on several occasions, recognising that probable cause is a concept that is imprecise, fluid, and very dependent on context.
To establish probable cause, police officers must be able to point to objective circumstances leading them to believe that a suspect committed a crime. A police officer cannot establish probable cause by simply stating that they had a hunch. Instead, they must rely on the facts and circumstances within their knowledge, and of which they have reasonably trustworthy information, that would lead a reasonable person to believe that a crime was committed.
In the case of Berger v. New York (1967), the Supreme Court said that the purpose of the probable cause requirement of the Fourth Amendment is to keep the state out of Constitutionally protected areas until the state has reason to believe that a specific crime is being committed or has been committed. For example, in the case of Draper v. United States, a previously reliable, named informant reported to an officer that the defendant would arrive with narcotics on a particular train and described the clothes and bag he would be wearing and carrying. The FBI agents observed that the defendant matched the description, and the Court held that this corroboration established probable cause to support the arrest. In another example, in the case of People v. Lewis (1999), the court noted that the general information provided by two gas station clerks about the appearance of a robber was too vague to give rise to probable cause, especially given that the most distinctive elements of the robber's appearance and weapon were missing.
